UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 02-10267

ALON USA LP,

Appellant,

VERSUS

AKARD STREET FUELS LP; MORGAN STANLEY DEAN WITTER MORTGAGE CAPITAL INC; MESBIE VENTURES,

Appellees.

Appeal from the United States District Court For the Northern District of Texas, Dallas ( ) March 5, 2003

Before DeMOSS, STEWART, Circuit Judges and FALLON,1 District Judge.

PER CURIAM:2

This appeal is dismissed based on the settlement agreement

between the parties.

1 The Honorable Eldon E. Fallon, District Judge for the Eastern District of Louisiana, sitting by designation. 2 Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. G:\opin\02-10267.opnNOA.wpd G:\opin\02-10267.opnNOA.wpd