
NO. 07-03-0394-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL A



APRIL 30, 2004



______________________________



NATIONAL FIVE STARS, INC. D/B/A EXXON TRAVEL CENTER

AND ALL OCCUPANTS, APPELLANT



V.



BOC ACQUISITIONS, L.L.C., APPELLEE



_________________________________



FROM THE COUNTY COURT OF WILBARGER COUNTY;



NO. 4371; HONORABLE GARY B. STREIT, JUDGE



_______________________________



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

MEMORANDUM OPINION

On April 12, 2004, appellant filed a Motion to Dismiss pursuant to agreement of the parties
.  The motion includes a certificate of conference and a certificate of service that counsel for appellee was served a copy of the motion by first class mail on April 9, 2004.  Appellee has no opposition to this Motion.



Accordingly, without passing on the merits of the case, appellant’s Motion  to Dismiss is granted and the appeal is hereby dismissed.  
Tex. R. App. P.
 42.1(a)(1).



Phil Johnson

Chief Justice





