IN THE TENTH COURT OF APPEALS No. 10-13-00161-CV ELEKTA, INC., Appellant v. VARIAN MEDICAL SYSTEMS, INC., Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 85321

MEMORANDUM OPINION

Appellant, Elekta, Inc., and appellee, Varian Medical Systems, Inc., have filed a joint motion to dismiss this appeal. See TEX. R. APP. P. 42.1(a)(2). Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. The motion is granted, and the appeal is dismissed. Further, pursuant to their joint motion, the parties will bear their own costs.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed August 8, 2013 [CV06]

Elekta, Inc. v. Varian Medical Systems, Inc. Page 2