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DALE WALKER AND FLORENCE WALKER, Appellants,

K-3 RESOURCES, L.P., A/K/A AND D/B/A K-3

BMI, A/K/A AND D/B/A K-3 SERVICES,

A/K/A AND D/B/A BIOSOLIDS MANAGEMENT;

MANAGEMENT BY KE3, L.P. K-3 RESOURCES,

INC.; SERVICES BY KE, L.L.C.; KARLIS

ERCUMS, III; AND JOHNNY LEE KING, JR., Appellee.

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Memorandum Opinion Per Curiam

Appellants, Dale Walker and Florence Walker, perfected an appeal from a judgment entered by the 105th District Court of Kleberg County, Texas, in cause number 06-550-D. Appellants have filed an agreed motion to dismiss appeal on grounds that the parties have reached an agreement to settle and compromise their differences. Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants' agreed motion to dismiss appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellants' agreed motion to dismiss appeal is granted, and the appeal is hereby DISMISSED. The parties have agreed, as part of the settlement, to bear their own costs incurred in this appeal. Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and filed

this the 23rd day of October, 2008.