TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00386-CV

Osteoimplant Technology, Inc., Appellant

v.

Herbert D. Huddleston, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT

NO. GN500743, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

                        Appellant Osteoimplant Technology, Inc. has filed a motion to dismiss, stating that it has decided not to pursue its appeal. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a).

                                                                        __________________________________________

                                                                        David Puryear, Justice

Before Chief Justice Law, Justices B. A. Smith and Puryear

Dismissed on Appellant’s Motion

Filed: August 26, 2005