
    [No. 13318.
    
      En Banc.
    
    November 15, 1916.]
    Jesse W. Spear et al., Appellants, v. The City of Bremerton, Respondent, Kitsap Hotel Investment Company et al., Interveners.
      
    
    Appeal from a judgment of the superior court for Kitsap county, Dykeman, J., entered November 24, 1915, dismissing an action for equitable relief, after a trial to the court.
    Modified.
    
      A. C. Durham and Robinson & Robinson, for appellants.
    
      Marion Garland and Bryan & Colvin (J. W. Bryan, of counsel), for respondent and interveners.
    
      
      Reported in 160 Pac. 946.
    
   On Rehearing.

Per Curiam.

Upon a rehearing En Banc, a majority of the court still adhere to the opinion heretofore filed herein as reported in 90 Wash. 507, 156 Pae. 825, and for the reasons there stated, the judgment is modified.  