
NO. 07-04-0310-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL A



JULY 7, 2004



______________________________





NOBLE CONSTRUCTION EQUIPMENT, INC. AND 

QUANTUM CONSTRUCTION EQUIPMENT, LLC, APPELLANTS



V.



EAGLE-PICHER INDUSTRIES, INC., APPELLEE





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FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY;



NO. 2003-521-935; HONORABLE MACKEY HANCOCK, JUDGE



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

MEMORANDUM OPINION

Appellants Noble Construction Equipment, Inc. and Quantum Construction Equipment, LLC perfected this appeal from the trial court’s judgment in favor of appellee Eagle-Picher Industries, Inc.  Pending before this Court is appellants’ unopposed motion to dismiss this appeal by which they represent the parties have reached an agreement.

Without passing on the merits of the case, pursuant to Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure we grant the motion and dismiss the appeal.  Having dismissed the appeal at the request of appellants no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis

    Justice



