IN THE

TENTH COURT OF APPEALS

No. 10-05-00189-CV

Myrna Krohn and Alan Krohn,

                                                                      Appellants

 v.

Marcus Cable Associates, L.P.

and Charter Communications, Inc.,

                                                                      Appellees

From the 40th District Court

Ellis County, Texas

Trial Court No. 56945

Background

          This case was scheduled for submission on December 7, 2005.  The original panel consisted of Justices Vance and Reyna and me.  After the case was discussed at pre-submission conference, Justice Vance recused himself, citing generally Texas Rule of Civil Procedure 18b(2).

Conclusion

          I hereby order myself recused from further participation in this case pursuant to Texas Rule of Appellate Procedure 16.2, which incorporates by reference Texas Rule of Civil Procedure 18b.  See Tex. R. Civ. P. 18b(2)(a).

          Signed February 7, 2006.

                                                                   TOM GRAY

                                                                   Chief Justice