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 ---------- FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- 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 T EX. R. A PP. P. 43.4.

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

… See T EX. R. A PP. P. 47.4.

DELIVERED: July 31, 2008