IN THE

TENTH COURT OF APPEALS

No. 10-01-00057-CV

Olmos Abatement, Inc.,

                                                                      Appellant

 v.

Environmental Concerns, Inc.,

                                                                      Appellee

From the 74th District Court

McLennan County, Texas

Trial Court # 97-2959-3

Appellant has filed a motion to dismiss this appeal under Rule of Appellate Procedure 42.1(a)(1).  See Tex. R. App. P. 42.1(a)(1).  Appellee has joined the motion.  Accordingly, the appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed September 8, 2004

[CV06]