IN THE SUPREME COURT OF TEXAS

No. 05-0666

IN RE THE STATE OF TEXAS, BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION

On Petition for Writ of Mandamus

ORDERED:

1. Relators' emergency motion for temporary relief, filed August 18, 2005, is granted. The order dated August 11, 2005, in Cause No. 13-05- 460-CV, styled Americo Energy Resources, LLC v. The State of Texas, by and through The Texas Department of Transportation, in the Thirteenth Court of Appeals is stayed pending further order of this Court.

2. The real party in interest is requested to respond to relators' emergency motion for temporary relief and petition for writ of mandamus on or before 3:00 p.m., August 23, 2005.

Done at the City of Austin, this August 18, 2005. [pic] Andrew Weber, Clerk Supreme Court of Texas

By Gena Pelham, Deputy Clerk