In Re: John Brooks and Smith International, Inc.--Appeal from 275th District Court of Hidalgo County

NUMBER 13-05-191-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE: JOHN BROOKS AND SMITH INTERNATIONAL, INC.

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On Petition for Writ of Mandamus

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MEMORANDUM OPINION

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

Relators, JOHN BROOKS AND SMITH INTERNATIONAL, INC., filed a petition for writ of mandamus in this Court on March 22, 2005. Relators have now filed a motion to dismiss the mandamus proceeding. In the motion, relators state that the parties have compromised and settled all matters in dispute between them in connection with this proceeding and the underlying district court proceedings. Relators request that this Court dismiss the proceeding in its entirety.

The Court, having considered the documents on file and relators= motion to dismiss the mandamus proceeding, is of the opinion that the motion should be granted. Relators= motion to dismiss is granted, and the petition for writ of mandamus is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed this

the 6th day of October, 2005.