                         COURT OF APPEALS
                        SECOND DISTRICT OF TEXAS
                                   FORT WORTH

                              NO. 02-14-00350-CV


BNSF RAILWAY COMPANY                                                APPELLANT

                                         V.

TRYER PROPERTIES, LLC                                                 APPELLEE


                                     ------------

          FROM THE 78TH DISTRICT COURT OF WICHITA COUNTY
                      TRIAL COURT NO. 177,588B

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             MEMORANDUM OPINION1 AND JUDGMENT
                                    ------------

      We have considered appellant's “Notice of Settlement and Agreed Motion

to Dismiss Appeal.” It is the court’s opinion that the motion should be granted;

therefore, we dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

      Costs of the appeal shall be paid by the party incurring the same, for which

let execution issue. See Tex. R. App. P. 42.1(d).

      1
       See Tex. R. App. P. 47.4.
                                        PER CURIAM

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: September 17, 2015




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