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McCALLUM HIGHLANDS v. WASHINGTON CAPITAL DUS, INC.

No. 94-10691.

66 F.3d 89 (1995)

McCALLUM HIGHLANDS, LTD., Plaintiff-Appellant, v. WASHINGTON CAPITAL DUS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 10, 1995.

Attorney(s) appearing for the Case

D. Ronald Reneker, Bush, Craddock & Reneker, Dallas, TX, for appellant.

William H. Church, Jr., William D. Sims, Jr., Z. Melissa Lawrence, Dallas, TX, for appellee.

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.

STEWART, Circuit Judge:

McCallum Highlands, LTD., appeals from an adverse summary judgment on an action to avoid certain amended portions of a loan agreement with Washington Capital Dus, Inc. Affirmed in part, vacated in part, and remanded.

FACTS

Ari Susman owned an apartment complex, McCallum Highlands, and wanted to refinance its mortgage. In order to refinance at a lower rate of interest through Washington Capital Dus ("Washington"), he...

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