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ROAN REAL ESTATE COMPANY, INC., Appellant,

ASARCO, INCORPORATED, F/K/A AMERICAN

SMELTING AND REFINING COMPANY, Appellee.

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Memorandum Opinion Per Curiam

This appeal was abated by this Court on October 6, 2005, due to the bankruptcy of one of the parties to this appeal. See 11 U.S.C. § 362; see generally Tex. R. App. P. 8. Since the abatement there has been no activity in this appeal. On April 22, 2009, the Court ordered the parties to file an advisory regarding the status of the appeal and, if applicable, a motion to reinstate the appeal or a motion to dismiss the appeal.

Appellant responded to the order by filing an unopposed motion to dismiss, advising the parties had entered into a settlement agreement which was approved by the bankruptcy court and that the appeal should be dismissed. Accordingly, appellant's unopposed motion to dismiss is GRANTED and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See Tex. R. App. P. 42.1(d). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and

filed this the 21st day of May, 2009.