Mccallum Highlands, Ltd., Plaintiff-appellant, v. Washington Capital Dus, Inc., Defendant-appellee

United States Court of Appeals, Fifth Circuit. - 70 F.3d 26

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.

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.

1

BY THE COURT:

2

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

3

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.