COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-193-CV

BURGESS WELL COMPANY, INC. APPELLANT

V.

AMERICAN WATER WELL, INC. APPELLEE

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FROM COUNTY COURT AT LAW OF WISE COUNTY

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

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We have considered “Appellant’s Agreed 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 appellant , for which let execution issue.   See Tex. R. App. P. 43.4.

PER CURIAM

PANEL D: GARDNER, WALKER, and MCCOY, JJ.

DELIVERED:  November 2, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.