COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-409-CV

THE BURLINGTON NORTHERN        APPELLANT

SANTA FE RAILWAY COMPANY

V.

JASON MANLEY APPELLEE

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FROM THE 67TH DISTRICT COURT OF  TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered “Appellant’s Agreed Motion To Dismiss Appeal And Expedite The Issuance Of Mandate.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal and order mandate issued this day .   See T EX. R. A PP. P. 18.1(c), 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same , for which let execution issue.   See Tex. R. App. P. 43.4.

PER CURIAM

PANEL D:  MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED:  July 31, 2008  

FOOTNOTES

1:

See Tex. R. App. P. 47.4.