COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-069-CV

THE BURLINGTON NORTHERN AND APPELLANTS

SANTA FE RAILWAY COMPANY

AND LYNDEN AIR FREIGHT D/B/A SKYTRACK

V.

LYNDEN AIR FREIGHT D/B/A SKYTRACK APPELLEES

AND THE BURLINGTON NORTHERN AND

SANTA FE RAILWAY COMPANY

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FROM THE 67 TH DISTRICT COURT OF TARRANT COUNTY

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

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We have considered the unopposed motion of cross-appellant Lynden Air Freight d/b/a Skytrack to dismiss its cross appeal.  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal of cross-appellant Lynden Air Freight d/b/a Skytrack .   See T EX. R. A PP. P. 42.1(a)(1), 43.2(f).  This case shall hereafter be styled “ The Burlington Northern and Santa Fe Railway Company v. Lynden Air Freight d/b/a Skytrack .”

Costs of this appeal incurred by cross-appellant Lynden Air Freight d/b/a Skytrack shall be taxed against Lynden Air Freight d/b/a Skytrack , for which let execution issue.

PER CURIAM

PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED: August 11, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.