COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER DENYING MOTION FOR EN BANC RECONSIDERATION Cause number and style: 01–12–00862–CV; Knife River Corp.-South v. Hinojosa Date motions filed: July 21, 2014 Party filing motions: Appellee It is ordered that Appellee’s Motion for En Banc Reconsideration is denied.

It is so ORDERED.

Justice’s signature: /s/ Laura Carter Higley Acting for the En Banc Court

En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown, and Huddle.

Date: August 26, 2014