ON MOTION

ORDER

Upon consideration of U.S. Bank National Association’s “Agreed Motion and Request to Withdraw Appeal,” which the court treats as a motion to voluntarily dismiss the appeal from DataTreasury Corporation v. U.S. Bank National Association, case no. 06-CV-0072 (E.D.Tex.),

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.