January 10, 2012

JUDGMENT The Fourteenth Court of Appeals UNION PACIFIC RAILROAD COMPANY, Appellant NO. 14-11-00931-CV V. RICHARD RUBY AND RONALD ZIMMERMAN, Appellees ____________________ Today the Court heard appellant=s motion to dismiss the appeal from the order signed by the court below on September 9, 2011. Having considered the motion and found it meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by UNION PACIFIC RAILROAD COMPANY.

We further order this decision certified below for observance.

We further order the mandate be issued immediately.