Opinion issued August 13, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00938-CV

____________

KENNETH R. HAVIS, TRUSTEE FOR THE BANKUPTCY ESTATE OF JAMES L. MILLER, II, AND JAMES MILLER, Appellants

V.

MERCK & CO., INC., Appellee

On Appeal from the 157th District Court

Harris County, Texas

Trial Court Cause No. 2005-15557

MEMORANDUM OPINION

          Appellant has filed an agreed motion to dismiss the appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Sharp and Massengale.