Opinion
No. CIV.A.5:97-CV-300-C.
October 13, 1998.
Dennis R. Burrows, McCleskey, Harriger, Brazill Graf Lubbock, for plaintiff.
Michael Lee Byrd, Gorsuch Byrd, Lubbock, for defendant.
ORDER
On this day the Court considered Defendant's Motion to Vacate Order on Summary Judgment, filed October 7, 1998. Plaintiff neither opposes nor agrees with the Motion. However, the parties have agreed to settle their claims, and Defendant moves the Court to vacate the Court's prior Order granting Plaintiff's Motion for Partial Summary Judgment and Denying Defendant's Motion for Summary Judgment, dated September 16, 1998, pursuant to this settlement.
Accordingly, it is ORDERED that the Court's Order dated September 16, 1998, granting Plaintiff's Motion for Partial Summary Judgment and denying Defendant's Motion for Summary Judgment is VACATED. All relief not expressly granted is denied.