
    CHEVRON PHILLIPS CHEMICAL COMPANY LP, Plaintiff/Counterclaim Defendant-Appellant, and Phillips Petroleum Company, Counterclaim Defendant, v. BJ SERVICES COMPANY, Defendant/Counterclaimant-Cross Appellant.
    Nos. 04-1350, 04-1351.
    United States Court of Appeals, Federal Circuit.
    Sept. 16, 2004.
    William C. Slusser, Principal Attorney, Michael Edward Wilson, Keith Jaasma, Slusser, Wilson & Partridge LLP, of Counsel, Houston, TX, for Defendant/Counterclaimant-Cross Appellant.
    J. Christopher Reynolds, Principal Attorney, Jean C. Frizzell, Jeffrey C. Kubin, Gibbs & Bruns, of Counsel, Houston, TX, for Plaintiff/Counterclaim Defendant-Appellant.
   ORDER

The parties move jointly to voluntarily dismiss 04-1350, -1351, appeals from the decision of the United States District Court for the Southern District of Texas in Chevron Phillips Chemical Co. v. Phillips Petroleum Co., No. 02-CV-299 (S.D.Tex. July 2, 2003).

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.

(3) All pending motions are moot. 
      
       We note that the parties request that this dismissal be without prejudice, however, it is not the practice of this court to dismiss with or without prejudice.
     