
    Robert C. GATES, a minor, by and through his father and next friend, Donald J. Gates, and Donald J. Gates, individually, Petitioners, v. Irving FIEN, d/b/a Fine Potato Chip Co., and d/b/a Wise Potato Chips, and Harry E. Haytock, Respondents.
    No. 38534.
    Supreme Court of Florida.
    Oct. 29, 1969.
    Edward B. Johnson, Jr., and Jeanne Heyward, Miami, for petitioners.
    Paul A. Carlson, of Dixon, Bradford, Williams, McKay & Kimbrell, Miami, for respondents.
   PER CURIAM.

Writ of certiorari having heretofore issued, argument having been heard, and the court having examined the record and briefs, it appears that the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged.

It is so ordered.

ROBERTS, DREW, THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.

ERVIN, C. J., dissents.  