IN THE

TENTH COURT OF APPEALS

No. 10-05-00266-CV

Gene C Steele, et AL.,

                                                                      Appellants

 v.

John B. McDonald, ET AL.,

                                                                      Appellees

From the 77th District Court

Limestone County, Texas

Trial Court No. 22179-A

          The opinion and judgment dated October 26, 2005 are withdrawn, and this cause is reinstated on the Court’s docket.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissents without a separate opinion)

Order issued and filed December 22, 2005

[CV06]