TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00020-CV

The HON Company, a subsidiary of HON Industries Inc., Appellant

v.

Mayfield Paper Company, Appellee

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT

NO. A-04-0117-C, HONORABLE BEN WOODWARD, JUDGE PRESIDING

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

The parties have filed a joint motion to dismiss this appeal advising that they have entered into a settlement agreement. The appeal is dismissed and costs are assessed against the party incurring them.

__________________________________________

Bea Ann Smith, Justice

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

Dismissed on Joint Motion

Filed: May 12, 2005