TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-98-00081-CV

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Owens Corning/Holly B. Nichols, Executrix for the Estate of Benjamin Baker

and Ruth Baker, Appellants

v.

Holly B. Nichols, Executrix for the Estate of Benjamin Baker

and Ruth Baker/Owens-Corning, Appellees

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT

NO. 95-02478, HONORABLE F. SCOTT McCOWN, JUDGE PRESIDING

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The parties have filed a joint motion requesting that this Court vacate the trial court's judgment and dismiss the case pursuant to a settlement agreement which has resolved all claims between the parties. The motion is granted, the judgment is vacated and the case is dismissed. See Tex. R. App. P. 42.1(a)(1).

Mack Kidd, Justice

Before Chief Justice Aboussie, Justices Kidd and Powers^*

Trial Court Judgment Vacated and Case Dismissed

Filed: April 1, 1999

Do Not Publish

^* Before John E. Powers, Senior Justice (retired), Third Court of Appeals, sitting by assignment. See Tex. Gov't Code Ann. § 74.003(b) (West 1998).