NO. 12-00-00342-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SWAN TRANSPORTATION COMPANY,       §     APPEAL FROM THE

APPELLANT

V.                                                                         §     COUNT COURT AT LAW OF

CHARLES LEROY MCCLENNY,

CLAYTON DOUGLAS SEALS,

ARVILLE DEWS, JOHN HAYES,                   §     SMITH COUNTY, TEXAS

LEE ROY VAUGHN, ARTHALIA

PORTER, JR., MACK A. MILLER,

AND ROBERT EARL MOORE

APPELLEES

MEMORANDUM OPINION

PER CURIAM

            Appellant has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion. Along with its motion, Appellant has furnished documentation that the appeal has been resolved pursuant to a plan of reorganization in Case No. 01-11690 (JKF), styled In Re: Swan Transportation Company, filed in the United States Bankruptcy Court for the District of Delaware. Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(2), the motion is granted, and the appeal is dismissed.

Opinion delivered September 30, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)