I)ISMISS; Opinion filed October 4, 2012

In The uitrt uf Apprahi Fift1! JiEitrirt uf ixa at 1a11w No. 05-12-00724-CV

ASHLAND JEWELERS, INC., AN ILLINOIS CORPORATION, CN CASH FOR GOLD, LLC, A KANSAS LIMITED LIABiLITY COMPANY, INJ)IVIDUAI LV AND ON BEHALF OF A CLASS OF ALL OTHER PERSONS AND/OR ENTITIES SIMILARLY SITUATED, Appellants V. NTR METALS, LLC, A TEXAS LIMITED LIABILITY COMPANY A/K/A NORTH TEXAS REFINiNG, LLC, A TEXAS LIMiTED LIABILITY COMPANY, Appellee

On Appeal from the 44th JLldicial District Court Dallas County, Texas Trial Court Cause No. 12-01541

MEMORANDUM OPINION Before Justices O’Neill. FitzGerald. and Lang-Miers Opinion By Justice FitzGerald Before the Court is appellants’ unopposed motion to dismiss the appeal. Appellants inform the Court that they no longer desire to pursue the appeal. Accordingly, we grant appellants’ motion and dismiss the appeal. Se Tizx. R. App. .

42.1 (a)( 1).

I J- .;;r4; -—--

7__ ,YPZGERALD JUSTICE I 20724F.P05 nitrt 01 .FiftIi Jitrirt of ixwi at 1a1ta JUDGMENT ASHLAND JEWELERS. INC.. AN Appeal from the 44th Judicial District Court I LLINOISCORPORVliON, CN (ASI I FOR of Dallas County. Texas. (Tr.Ct.No. 12— GOLD. LLC. A KANSAS LIMITED 01541).

LIABILITY COMPANY, iNDIVIDUALLY Opinion delivered by Justice FitzGerald, AND ON BEHALF OF A CLASS OF ALL Justices O’Neill and Lang-Miers, OTHER PERSONS AND/OR ENTITIES participating.

SIMILARLY SITUATED. Appellants No. 05.-I 2-.00724-CV V. NTR METALS, LLC, A TEXAS LIMITED LIABILITY COMPANY A/K/A NORTH lIX\S REIINING NC A TLXAS LIMITED LIABILiTY COMPANY. Appellee Based on the Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that the parties bear their own costs of the appeal.

Judgment entered October 4,2012.

KFRRY P. F1T7GI’RAI.L) .JI’’cli( F