McCallum Highlands, Ltd. v. Washington Capital Dus, Inc.
70 F.3d 26
5th Cir.
1995
Check Treatment

ON PETITION FOR REHEARING

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges. BY THE COURT:

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

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 “fan’ and equitable.” Thus, the entry of summary judgment in *27 favor of Washington was error by the trial court.