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ROSE POWELL AND WILLIAM C. POWELL, HER HUSBAND, PETITIONERS, v. W.A. HENRY, C/B/A W.A. HENRY SONS, HAROLD G. O'QUINN, AND KENNETH ADAIR, RESPONDENTS.

PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court. After argument and upon further consideration, we have determined that the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed.

It is so ordered.

DREW, CARLTON and ADKINS, JJ., and HENDRY, District Judge, concur.

ERVIN, C.J., dissents.

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POWELL v. HENRY
(Feb 18, 1970)