NUMBER 13-01-221-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

____________________________________________________________________

VALERO ENERGY CORPORATION, ET AL.,            Appellants,

                                                   v.

M. W. KELLOGG COMPANY, ET AL.,                                      Appellees.

____________________________________________________________________

                        On appeal from the 117th  District Court

                                  of Nueces County, Texas.

____________________________________________________________________

                                   O P I N I O N

            Before Chief Justice Valdez and Justices Hinojosa and Yanez

Opinion Per Curiam

Appellants, VALERO ENERGY CORPORATION, ET AL., perfected an appeal from a judgment entered by the 117th District Court of Nueces County, Texas, in cause number 96-2029-B.  After the record and briefs were filed, the parties filed a joint motion to dismiss the appeal pursuant to settlement and to expedite issuance of the mandate.  In the motion, the parties state that they have entered into a settlement agreement.  The parties request that this Court dismiss the cause pursuant to this agreement and Tex. R. App. P. 42.1(a)(1) and 43.2(e).  The parties also request that this Court release the supersedeas bond carrier in this cause from any and all obligations.  The parties further request that the Court expedite issuance of the mandate.

The Court, having considered the documents on file and the joint motion to dismiss the appeal pursuant to settlement and to expedite issuance of the mandate, is of the opinion that the motion should be granted.  The joint motion to dismiss the appeal pursuant to settlement and to expedite issuance of the mandate is GRANTED.  The judgment of the trial court is VACATED, and the appeal is DISMISSED.   It is ordered that National Fire Insurance Company of Hartford, surety on the supersedeas bond in this matter, be released from any and all obligations.  It is further ordered that the Clerk of this Court expedite issuance of the mandate in this cause.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 11th day of April, 2002.