Michael King, Gina Gaddy, Edmond Price, and William Sievers, Individually and on behalf of all Members of their Certified Class, Appellees

The parties have informed us that they have reached an agreement in principle to settle the case. The parties now have a variety of documents to prepare and make final in order to complete the settlement agreement, and have suggested an abatement pending final resolution of the settlement. We agree that an abatement is appropriate. Accordingly, we abate the appeal until September 30, 2004. At that time the parties are to apprise us of the status of the settlement. If the settlement is made final before that date, the parties are free to tender a motion to dismiss at any time.

__________________________________________

W. Kenneth Law, Chief Justice

Before Chief Justice Law, Justices Kidd and B. A. Smith

Filed: July 9, 2004