EAGLE ASPHALT PRODUCTS, INC. F/K/A THE TEXAS FUEL AND ASPHALT COMPANY AND DANIEL J. MURPHY v. TRIFINERY, INC. AND GULF COAST ASPHALT COMPANY, L.L.C.--Appeal from 347th District Court of Nueces County

NUMBER 13-02-192-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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EAGLE ASPHALT PRODUCTS, INC. F/K/A

THE TEXAS FUEL AND ASPHALT COMPANY

  AND DANIEL J. MURPHY, Appellants,

v.

TRIFINERY, INC. AND GULF COAST

ASPHALT COMPANY, L.L.C., Appellees.

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On appeal from the 347th District Court

of Nueces County, Texas.

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O P I N I O N

Before Justices Dorsey, Rodriguez, and Castillo

Opinion Per Curiam

Appellants, EAGLE ASPHALT PRODUCTS, INC. F/K/A THE TEXAS FUEL AND ASPHALT COMPANY AND DANIEL J. MURPHY, perfected an appeal from a judgment entered by the 347th District Court of Nueces County, Texas, in cause number 01-00654-H. After the record was filed, the parties filed an agreed motion to dismiss the appeal. In the motion, the parties state that they have executed a settlement agreement disposing of all claims and issues in this appeal. The parties request that this Court vacate the trial court=s judgment and dismiss the appeal.

The Court, having considered the documents on file and the agreed motion to dismiss the appeal, is of the opinion that the motion should be granted. The agreed motion to dismiss is granted. The judgment of the trial court is VACATED, and the appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 30th day of May, 2002.