
    92-488.
    Pettis v. Fain.
   In Mandamus. On motion for summary judgment. Motion for

summary judgment treated as motion to dismiss. Motion to dismiss sustained. Cause dismissed.

Sweeney, Douglas, H. Brown and Resnick, JJ., concur.

Moyer, C.J., Holmes and Wright, JJ., would grant the motion for summary judgment.  