Fort Worth & Western Railroad and Cen-Tex Rural Rail Transportation District v. Peregrine Pipeline Company, L.P.

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-025-CV

FORT WORTH & WESTERN APPELLANTS

RAILROAD AND CEN-TEX RURAL

RAIL TRANSPORTATION DISTRICT

V.

PEREGRINE PIPELINE COMPANY, L.P. APPELLEE

----------

FROM THE 355 TH DISTRICT COURT OF HOOD COUNTY

----------

MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

----------

We have considered appellants’ “Motion For Voluntary Dismissal.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. 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.

PER CURIAM

PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED: March 16, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.