TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00408-CV

Thomas Suehs, in his Official Capacity as Executive Director of the Texas Health and Human Services Commission, Appellant v. Alpharma USPD, now known as Actavis Mid Atlantic LLC and Purepac Pharmaceutical Co., now known as Actavis Elizabeth LLC, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT NO. D-1-GN-11-001082, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING

MEMORANDUM OPINION

This appeal was abated on December 30, 2011, pending consummation of settlement.

The parties have filed an agreed motion to set aside the temporary injunction without regard to the merits and remand the case to the trial court for dismissal with prejudice in accordance with their settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B). Accordingly, we reinstate this appeal and grant the parties’ agreed motion. Without regard to the merits, we vacate the temporary injunction and remand the case to the trial court.

__________________________________________ Melissa Goodwin, Justice Before Justices Puryear, Henson and Goodwin Vacated and Remanded Filed: March 28, 2012