In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-03-00567-CV ____________________

IN RE QUIGLEY COMPANY, INC. AND PFIZER, INC. _______________________________________________________ ______________ Original Proceeding ________________________________________________________ _____________ MEMORANDUM OPINION Quigley Company, Inc. and Pfizer, Inc., filed a petition for writ of mandamus and request for temporary relief. On September 9, 2004, we abated the proceeding following the filing of a notice of bankruptcy. See Tex. R. App. P. 8.1., 8.2. On April 1, 2013, the relators filed a motion to dismiss the petition on the grounds that they have secured the bankruptcy court’s permission to proceed and the underlying dispute has been resolved through settlement. See Tex. R. App. P. 8.3(a). Accordingly, we reinstate the original proceeding and dismiss this original proceeding without reference to the merits.

PETITION DISMISSED.

PER CURIAM

Opinion Delivered April 11, 2013 Before McKeithen, C.J., Kreger and Horton, JJ.