                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-04-00054-CV
                           ____________________


           IN RE QUIGLEY COMPANY, INC. AND PFIZER, INC.

_______________________________________________________            ______________

                               Original Proceeding
________________________________________________________             _____________

                          MEMORANDUM OPINION

      Quigley Company, Inc. and Pfizer, Inc., filed a petition for writ of

mandamus and request for temporary relief. On September 9, 2004, we abated the

proceeding following the filing of a notice of bankruptcy. See Tex. R. App. P. 8.1.,

8.2. On April 5, 2013, the relators filed an agreed motion to dismiss the petition on

the grounds that they have secured the bankruptcy court’s permission to proceed

and the underlying dispute has been resolved through settlement. See Tex. R. App.

P. 8.3(a). Accordingly, we reinstate the original proceeding, vacate our order of

February 3, 2004, and dismiss this original proceeding without reference to the

merits.

                                         1
      PETITION DISMISSED.

                                                 PER CURIAM


Opinion Delivered April 11, 2013
Before McKeithen, C.J., Kreger and Horton, JJ.




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