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U.S. Court of Appeals for the Fifth Circuit, 1995

McCallum Highlands, Ltd. v. Washington Capital Dus, Inc.

McCallum Highlands, Ltd. v. Washington Capital Dus, Inc.
U.S. Court of Appeals for the Fifth Circuit · Decided November 17, 1995 · , Higginbotham, Smith, Stewart
70 F.3d 26; 1995 U.S. App. LEXIS 32182; 1995 WL 683835 (Federal Reporter, Third Series)

McCallum Highlands, Ltd. v. Washington Capital Dus, Inc.

Opinion

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.

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