National Five Stars, Inc. d/b/a Exxon Travel Center and all Occupants v. Boc Acquisitions, L.L.C.--Appeal from County Court of Wilbarger County

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NO. 07-03-0394-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A APRIL 30, 2004 ______________________________ NATIONAL FIVE STARS, INC. D/B/A EXXON TRAVEL CENTER AND ALL OCCUPANTS, APPELLANT V. BOC ACQUISITIONS, L.L.C., APPELLEE _________________________________ FROM THE COUNTY COURT OF WILBARGER COUNTY; NO. 4371; HONORABLE GARY B. STREIT, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ. MEMORANDUM OPINION On April 12, 2004, appellant filed a Motion to Dismiss pursuant to agreement of the parties. The motion includes a certificate of conference and a certificate of service that counsel for appellee was served a copy of the motion by first class mail on April 9, 2004. Appellee has no opposition to this Motion. Accordingly, without passing on the merits of the case, appellant s Motion to Dismiss is granted and the appeal is hereby dismissed. TEX . R. APP. P. 42.1(a)(1). Phil Johnson Chief Justice -2-

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