TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00340-CV

Texas Health and Human Services Commission and Albert Hawkins in his official capacity as Executive Commissioner, Texas Health and Human Services Commission, Appellants v. International Business Machines Corporation, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. GN500839, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

MEMORANDUM OPINION Appellants Texas Health and Human Services Commission and Albert Hawkins, in his official capacity as Executive Commissioner, Texas Health and Human Services Commission and appellee International Business Machines Corporation have submitted an agreed motion to dismiss this appeal and have agreed that each party will bear its own costs associated with this appeal. We grant the motion and dismiss the appeal with costs assessed according to the parties’ agreement. See Tex. R. App. P. 42.1(a).1

__________________________________________ W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed on Agreed Motion Filed: July 28, 2005

Appellee’s pending motion to dismiss the appeal for want of jurisdiction is dismissed.