On October 15, 2003, Union Pacific Railroad Company filed its petition for writ of mandamus. The parties subsequently resolved the dispute. On December 8, 2003, the relator filed a motion to dismiss the petition.

Accordingly, this original proceeding is dismissed without prejudice and without reference to the merits.

WRIT DISMISSED.

PER CURIAM

Opinion Delivered December 11, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.