NUMBER 13-01-723-CV

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DII INDUSTRIES, LLC, F/K/A

DRESSER INDUSTRIES, INC., Appellant,

HOWARD MOTEN, ET AL., Appellees.

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Memorandum Opinion Per Curiam

Appellant, DII INDUSTRIES, LLC, F/K/A DRESSER INDUSTRIES, INC., perfected an appeal from a judgment entered by the 128th District Court of Orange County, Texas, in cause number A-000,492-C. Appellant has filed a motion to dismiss appeal pursuant to settlement agreement. In the motion, appellant states that this case has been resolved and appellant no longer wishes to prosecute this appeal. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and

filed this the 29th day of March, 2007.