COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-03-342-CV

MAX-TEL COMMUNICATIONS, INC. APPELLANT

V.

QWEST COMMUNICATIONS CORPORATION APPELLEE

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FROM THE 271 ST DISTRICT COURT OF WISE COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered appellant’s “Motion To Dismiss.”  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. P. 42.1(a)(1), 43.2(f).  

Appellant shall pay all costs of this appeal, for which let execution issue.

PER CURIAM

PANEL D: HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: June 10, 2004

FOOTNOTES

1:

See Tex. R. App. P. 47.4.