Hutchison Construction, Inc., and Mid-Continent Company, Appellees

O R D E R

Appellee/cross-appellant Hutchison Construction, Inc. no longer wishes to pursue its cross-appeal against appellant/cross-appellee Billy Smith Enterprises, Inc. and has filed a motion to dismiss. Hutchison Construction states that it has conferred with Billy Smith Enterprises, Inc., and it does not object to the motion. We grant the motion and dismiss the cross-appeal. See Tex. R. App. P. 42.1(a).

It is ordered February 23, 2007.

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Bob Pemberton, Justice

Before Justices Puryear, Pemberton and Waldrop