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6:11-cv-00098-SPS Document 39 Filed in ED/OK on 02/02/12 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF OKLAHOMA

DARYL THOMASON TRUCKING, INC., et al.,

Plaintiffs,

v.

CATERPILLAR, INC., et al.,

Defendants.

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) Case No. CIV-11-98-SPS
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JUDGMENT DISMISSING ACTION

BY REASON OF SETTLEMENT

The Court has been advised by counsel that this action has been settled, or is in the

process of being settled. Therefore, it is not necessary that the action remain upon the calendar of

the Court.

IT IS ORDERED that the action is dismissed without prejudice. The Court retains

complete jurisdiction to vacate this order and to reopen the action upon cause shown that settlement

has not been completed and further litigation is necessary.

IT IS ORDERED that the parties are directed to submit final closing papers within

thirty (30) days from the date of this order.

Dated this 2nd day of February, 2012.