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McCallum Highlands, Ltd. v. Washington Capital Dus, Inc.
1995 U.S. App. LEXIS 32182
| 5th Cir. | 1995
|
Check Treatment

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.

Case Details

Case Name: McCallum Highlands, Ltd. v. Washington Capital Dus, Inc.
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Nov 17, 1995
Citation: 1995 U.S. App. LEXIS 32182
Docket Number: 94-10691
Court Abbreviation: 5th Cir.
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