NO. 07-08-0189-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

AUGUST 26, 2008

______________________________

BERGMAN OIL & GAS, INC. AND

PETCO PETROLEUM CORPORATION, APPELLANTS

V.

CURTIS STEAM SERVICE, INC. AND CURTIS WELL SERVICE, APPELLEES

_________________________________

FROM THE 223RD DISTRICT COURT OF GRAY COUNTY;

NO. 32,111; HONORABLE LEE WATERS, JUDGE

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON MOTION TO DISMISS

Appellants, Bergman Oil & Gas, Inc. and Petco Petroleum Corporation, perfected an appeal from the trial court’s judgment.  Appellants have now filed a motion to dismiss their appeal.  Finding the motion complies with the requirements of Texas Rule of Appellate Procedure 42.1(a), we dismiss the appeal.  Further, the court will tax costs against appellants.   Tex. R. App. P. 42.1(d).

Having disposed of this appeal at the appellants’ request, we will not entertain a motion for rehearing and our mandate shall issue forthwith.

Mackey K. Hancock

         Justice