Crosstex North Texas Gathering, L.P. v. Fort Worth & Western Railroad and Cen-Tex Rural Rail Transportation District

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-413-CV

CROSSTEX NORTH TEXAS GATHERING, L.P. APPELLANT

V.

FORT WORTH & WESTERN APPELLEES

RAILROAD AND CEN-TEX RURAL RAIL

TRANSPORTATION DISTRICT

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FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY

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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

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We have considered appellant’s “Motion For Voluntary Dismissal.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal brought by appellant Crosstex North Texas Gathering, L.P. against appellee Fort Worth & Western Railroad and Cen-Tex Rural Rail Transportation District, Cause No. 2-07-413-CV .   See T EX. R. A PP. P. 42.1(a)(1), 43.2(f). (footnote: 2)

Costs of the appeal shall be paid by the party incurring the same , for which let execution issue.   See Tex. R. App. P. 43.4.

PER CURIAM

PANEL D:  HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED:  February 21, 2008

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

The appeals bearing cause numbers 2-07-403-CV, 2-07-405-CV, and 2-07-406-CV, which were consolidated pursuant to our January 8, 2008 order, remain pending.