
NO. 07-03-0141-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL A



NOVEMBER 3, 2004



______________________________





MINERAL EXCHANGE, LTD., APPELLANT



V.



TEXACO INC., ET AL, APPELLEES





_________________________________



FROM THE 223
RD
 DISTRICT COURT OF GRAY COUNTY;



NO. 32160; HONORABLE LELAND W. WATERS, JUDGE



_______________________________



Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Pending before this Court is an agreed motion filed by appellants/conditional appellees Mineral Exchange, Ltd. and Kaari Oil Company and appellee/conditional appellant Texaco Exploration and Production, Inc. by which they request this appeal be dismissed with prejudice and that each party bear its own costs and fees.  Without passing on the merits of the appeal, the motion is granted.  Having dismissed the appeal at the  request of all parties,  no motion for rehearing will be entertained and our mandate will issue forthwith.

Accordingly, the appeal is dismissed with prejudice.  
See
 Tex. R. App. P. 42.1(a)(2)(A).

Don H. Reavis

     Justice





