McCallum Highlands, Ltd. v. Washington Capital Dus, Inc. ( 1995 )

70 F.3d 26

McCALLUM HIGHLANDS, LTD., Plaintiff-Appellant,
v.
WASHINGTON CAPITAL DUS, INC., Defendant-Appellee.

No. 94-10691.

United States Court of Appeals,
Fifth Circuit.

Nov. 17, 1995.

D. Ronald Reneker, Bush, Craddock & Reneker, Dallas, TX, for Appellant.

William H. Church, William D. Sims, Jr., Z. Melissa Lawrence, Vinson & Elkins, Dallas, TX, for Appellee.

Appeal from the United States District Court for the Northern District of Texas; Jorge A. Solis, Judge.

ON PETITION FOR REHEARING

(Opinion October 10, 1995, 5th Cir., 1995, 66 F.3d 89)

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.

BY THE COURT:

1

IT IS ORDERED that the Petition for Rehearing is DENIED. We revise the last paragraph of the opinion to read as follows:

2

Based on the current record, McCallum apparently did not receive consideration for agreeing to the modification of the original loan commitment and a material fact issue exists regarding whether the modification was "fair and equitable." Thus, the entry of summary judgment in favor of Washington was error by the trial court.