TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00481-CV

DBC Pipeline Construction, Inc., Appellant v. City of Austin, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT NO. GN502114, HONORABLE DARLENE BYRNE, JUDGE PRESIDING

MEMORANDUM OPINION

DBC Pipeline Construction, Inc. and the City of Austin have moved to dismiss the appeal because they have settled all claims and causes between them. The parties request that the costs be taxed against the party incurring same. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a).1

__________________________________________ W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Pemberton and Waldrop Dismissed on Joint Motion Filed: June 12, 2006

Appellee City of Austin’s pending motion for partial dismissal is dismissed.