Linen Supermarket, Inc., Relator v. Honorable Derwood Johnson, Judge, 74th District Court, McLennan County, Texas, Respondent--Appeal from of County

DISMISSED

OCTOBER 11, 1990

NO. 10-90-131-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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LINEN SUPERMARKET, INC.,

Relator

v.

HONORABLE DERWOOD JOHNSON, JUDGE,

74TH DISTRICT COURT, McLENNAN

COUNTY, TEXAS,

Respondent

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Original Proceeding

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Motion for leave to file a petition for writ of mandamus was filed in this court by Relator on August 10, 1990. On September 13, 1990, the Court granted the motion for leave to file and set the case for a hearing. A joint motion to dismiss Relator's petition for writ of mandamus was filed in this Court October 4, 1990, in which Relator and Barker, Ltd., Inc., real party in interest, state that all matters in controversy have been compromised and settled and that Relator no longer wishes to prosecute its petition for writ of mandamus. The joint motion requests this Court to dismiss Relator's petition.

The joint motion is granted. Relator's petition for writ of mandamus is dismissed.

PER CURIAM

DO NOT PUBLISH