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

70 F.3d 26, 1995 U.S. App. LEXIS 32182, 1995 WL 683835

Court of Appeals for the Fifth Circuit·Decided November 17, 1995·No. 94-10691·Published·Cited by 13 cases

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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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.

McCallum Highlands, Ltd. v. Washington Capital Dus, Inc., 70 F.3d 26, 1995 U.S. App. LEXIS 32182, 1995 WL 683835 (5th Cir. 1995).

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