HBMA Holdings, LLC and Lehigh Hanson v. Millennium Chemicals Inc.

Opinion

DISMISS; Opinion Filed April 22, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00323-CV

HBMA HOLDINGS, LLC AND LEHIGH HANSON, INC., Appellants V. MILLENNIUM CHEMICALS INC., MILLENIUM AMERICA HOLDINGS, LLC AND MILLENNIUM HOLDINGS, LLC, Appellees

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-13422

MEMORANDUM OPINION Before Justices Francis, Lang, and Evans

The Court has before it the parties’ April 8, 2013 joint motion to dismiss for mootness.

We GRANT the motion and DISMISS the appeal. See TEX. R. APP. P. 42.1.

PER CURIAM

130323F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

HBMA HOLDINGS, LLC AND LEHIGH On Appeal from the 116th Judicial District HANSON, INC., Appellants Court, Dallas County, Texas Trial Court Cause No. DC-12-13422. No. 05-13-00323-CV V. Opinion delivered per curiam. Justices Francis, Lang and Evans sitting for the MILLENNIUM CHEMICALS, INC., Court. MILLENNIUM AMERICA HOLDINGS, LLC, AND MILLENNIUM HOLDINGS, LLC, Appellees

In accordance with this Court’s opinion of this date, this appeal is DISMISSED. It is ORDERED that appellees MILLENNIUM CHEMICALS, INC., MILLENNIUM AMERICA HOLDINGS, LLC, AND MILLENNIUM HOLDINGS, LLC recover their costs of this appeal from appellants HBMA HOLDINGS, LLC AND LEHIGH HANSON, INC..

Judgment entered this 22nd day of April, 2013.

/Jim Moseley/ DAVID W. EVANS JUSTICE

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