Butler v. Cortner

BUDGE, J.,

Dissenting. — The opinion hereinafter set out was prepared by the writer subsequent to the first submission of the above-entitled cause, concurred in by a majority of the court and filed with the clerk. Thereafter, on August 12, 1925, a petition for rehearing was filed and a reargument had. "What is now the majority opinion was prepared by District Judge Yarian, concurred in by a majority of the court, and filed with the clerk. In the circumstances I have concluded to file my views by adopting, with some additions, the opinion heretofore written and concurred in.

In this case there…