COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Mike Boulanger, Trustee, on Behalf of Westlum Trust v. Waste Management of Texas, Inc., Waste Management, Inc., and USA Waste Landfill Operations and Transfer, Inc. Appellate case number: 01-10-01002-CV Trial court case number: 2010-28400 Trial court: 334th District Court of Harris County, Texas Appellant’s motion for en banc reconsideration is DENIED.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown________ Acting for the Court En Banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown, and Huddle

Date: March 21, 2013