NO. 07-03-0028-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B AUGUST 26, 2004 ______________________________

WINNIE PIPELINE COMPANY, N/K/A ACACIA NATURAL GAS CORPORATION, AND MITCHELL GAS SERVICES, L.P., SUCCESSOR IN INTEREST TO MITCHELL MARKETING COMPANY, F/K/A SOUTHEASTERN MARKETING COMPANY, N/K/A DEVON GAS SERVICES, L.P., Appellants v. WILLIAM HARRINGTON, Appellee

_________________________________ FROM THE 221ST DISTRICT COURT OF MONTGOMERY COUNTY; NO. 02-10-06625-CV; HON. SUZANNE STOVALL, PRESIDING _______________________________ On Motion to Dismiss _______________________________

Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

Winnie Pipeline Company, n/k/a Acacia Natural Gas Corporation, and Mitchell Gas Services, L.P., successor in interest to Mitchell Marketing Company, f/k/a Southeastern Marketing Company, n/k/a Devon Gas Services, L.P. (Winnie), by and through its attorney, has filed a motion to dismiss this appeal because it no longer desires to prosecute it.

Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Per Curiam