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MEMORANDUM OPINION No. 04-08-00289-CV PETROGULF CORP. and Douglas Cameron McLeod, Appellants v. MAGNUM PRODUCING, L.P., Appellee From the 229th Judicial District Court, Duval County, Texas Trial Court No. DC-08-65 Honorable Alex W. Gabert, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Karen Angelini, Justice Phylis J. Speedlin, Justice Delivered and Filed: August 13, 2008 DISMISSED Appellants have filed a motion to dismiss this appeal. The motion contains a certificate of service to appellee, and the appellee has not opposed the motion. Therefore, we grant the motion and dismiss the appeal. See TEX . R. APP . P. 42.1(a)(1). Costs of the appeal are taxed against appellants.

PER CURIAM