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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-329-CV
MARTIN BARNES, MAXIE GABLE, APPELLANTS
AND GEORGE PERSLEY
V.
BNSF RAILWAY COMPANY APPELLEE
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FROM THE 348TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION[1] AND JUDGMENT
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We have considered AAppellants= Amended Motion To Dismiss.@ Although appellee BNSF Railway Company opposes appellants= motion, appellee has not filed a notice of appeal. See Tex. R. App. P. 25.1(c). Accordingly, it is the court=s opinion that AAppellants= Amended Motion To Dismiss@ should be granted; therefore, we dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f).
Costs of the appeal shall be paid by appellants, for which let execution issue. See Tex. R. App. P. 42.1(d).
PER CURIAM
PANEL: WALKER, MCCOY, and MEIER, JJ.
DELIVERED: February 25, 2010
[1]See Tex. R. App. P. 47.4.
Document Info
Docket Number: 02-09-00329-CV
Filed Date: 2/25/2010
Precedential Status: Precedential
Modified Date: 10/16/2015