TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00347-CV

Kroger No. 240, Appellant v. Texas Department of Health Bureau of WIC Nutrition and Commissioner of Health, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. GN104006, HONORABLE PAUL DAVIS, JUDGE PRESIDING

By motion, appellant Kroger Number 240 announces that the parties have settled their dispute and that appellant wishes to dismiss this appeal. We grant the motion and dismiss this appeal.

Jan P. Patterson, Justice Before Chief Justice Aboussie, Justices Patterson and Puryear Dismissed on Appellant=s Motion Filed: September 19, 2002 Do Not Publish