Noble Construction Equipment, Inc. and Quantum Construction Equipment, LLC v. Eagle-Picher Industries, Inc.--Appeal from 99th District Court of Lubbock County
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NO. 07-04-0310-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A JULY 7, 2004 ______________________________ NOBLE CONSTRUCTION EQUIPMENT, INC. AND QUANTUM CONSTRUCTION EQUIPMENT, LLC, APPELLANTS V. EAGLE-PICHER INDUSTRIES, INC., APPELLEE _________________________________ FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2003-521-935; HONORABLE MACKEY HANCOCK, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ. MEMORANDUM OPINION Appellants Noble Construction Equipment, Inc. and Quantum Construction Equipment, LLC perfected this appeal from the trial court s judgment in favor of appellee Eagle-Picher Industries, Inc. Pending before this Court is appellants unopposed motion to dismiss this appeal by which they represent the parties have reached an agreement. Without passing on the merits of the case, pursuant to Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure we grant the motion and dismiss the appeal. Having dismissed the appeal at the request of appellants no motion for rehearing will be entertained and our mandate will issue forthwith. Don H. Reavis Justice 2
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