Opinion issued February 26, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-01085-CV

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TEXAS GENCO, L.P., Appellant

V.

NORTHWESTERN RESOURCES CO., Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 0323680

MEMORANDUM OPINION

          The parties have filed a joint motion to dismiss this appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(2), 43.2(f). In accordance with the parties’ joint motion to dismiss the appeal, each party shall bear its own costs of appeal. Tex. R. App. P. 42.1(d).

          Any other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Nuchia, Alcala, and Hanks.