COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-358-CV

ARLINGTON INDEPENDENT APPELLANT

SCHOOL DISTRICT

V.

TXU ENERGY RETAIL CO., L.P. APPELLEE

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FROM THE 352ND DISTRICT COURT OF TARRANT COUNTY

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

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We have considered “Appellant’s Motion To Dismiss Appeal.”  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

PANEL D: DAUPHINOT, GARDNER and WALKER, JJ.

DELIVERED: March 10, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.