Millard & Assoc., L.P., individually and on behalf of Eagle Mountain Pipeline Company, L.P., and Pacesetter Energy, Inc. v. Chief Holdings, LLC, Chief Oil & Gas, LLC, Trevor Rees-Jones, and Eagle Mountain Gas Partners, LLC--Appeal from 393rd District Court of Denton County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-164-CV

MILLARD & ASSOC., L.P., INDIVIDUALLY APPELLANTS

AND ON BEHALF OF EAGLE MOUNTAIN

PIPELINE COMPANY, L.P., AND

PACESETTER ENERGY, INC.

V.

CHIEF HOLDINGS, LLC, CHIEF OIL APPELLEES

& GAS, LLC, TREVOR REES-JONES,

AND EAGLE MOUNTAIN GAS PARTNERS, LLC

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FROM THE 393RD DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION1 AND JUDGMENT

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We have considered the parties Agreed Order Dismissing Appeal With Prejudice, signed by the attorney for all parties. It is the court's opinion that the parties request for dismissal should be granted; therefore, we dismiss the appeal with prejudice to the refiling of same. See TEX. R. APP. P. 42.1(a)(2)(A), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED: August 12, 2004

NOTES

1. See Tex. R. App. P. 47.4.