TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00779-CV

Texas Gas Service Company, Appellant v. Railroad Commission of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. GN403353, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING

MEMORANDUM OPINION

The parties have filed an agreed motion to consolidate this appeal, cause number 03- 05-779, into cause number 03-05-00777-CV. We grant the motion. The record and all pertinent documents from this appeal will be transferred into cause number 03-05-00777-CV. There will be no further activity in cause number 03-05-00779-CV. Accordingly, we dismiss the appeal.

Bea Ann Smith, Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed on Agreed Motion Filed: February 10, 2006