                                  NO. 07-05-0326-CV

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL D

                                NOVEMBER 8, 2005
                         ______________________________

          ERNIE A. TUCKER d/b/a AGRI-BUSINESS INSURANCE AGENCY,

                                                                            Appellant
                                            v.

               ANCO U.S. PRODUCERS GROUP OF LUBBOCK, INC.,

                                                                            Appellee
                       _________________________________

             FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY;

            NO. 2004-527,799; HON. MACKEY K. HANCOCK, PRESIDING
                       _______________________________

                             ON MOTION TO DISMISS
                        ________________________________

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

      Ernie A. Tucker, d/b/a Agri-Business Insurance Agency, appellant, has filed a

motion to dismiss this appeal because he no longer wishes to pursue it. Counsel for Anco

U.S. Producers Group of Lubbock, Inc., appellee, agreed to the motion. Without passing

on the merits of the case, we grant the motion per Texas Rule of Appellate Procedure

42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no

motion for rehearing will be entertained, and our mandate will issue forthwith.



                                                 Brian Quinn
                                                 Chief Justice
