46 Wn.2d 905, HARRIETTE M. RAAB et al., Respondents, v. CLARENCE W. WALLERICH, Individually and as Executor, et al., Appellants

[No. 32958. En Banc.      Supreme Court      December 8, 1955.]

HARRIETTE M. RAAB et al., Respondents, v. CLARENCE W. WALLERICH,
           Individually and as Executor, et al., Appellants.1

Appeal from a judgment of the superior court for Pierce county, No. 117522, Ryan, J., entered March 19, 1954, upon findings in favor of the plaintiffs, in an action for specific performance of a contract to make mutual wills, tried to the court. Appeal dismissed.

Eisenhower, Hunter, Ramsdell & Duncan, for appellants.

Kahin, Carmody & Horswill and Henry C. Perkins, for respondents.

PER CURIAM. -

After the Department opinion in this case was filed (ante p. 375, 282 P. (2d) 271), a petition for rehearing was presented and granted. Thereafter, the cause was argued En Banc, but before a decision was announced by the court the parties filed herein a stipulation reciting that the parties hereto have composed and settled their differences and have agreed that the appeal pending in this court shall be dismissed.

Accordingly, the appeal in this cause has been dismissed by order of this court filed prior to the filing of this opinion.

In so disposing of this cause, we do not wish to be understood as either approving or disapproving the Department opinion heretofore filed.