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McCALLUM HIGHLANDS, LTD. v. WASHINGTON CAPITAL DUS, INC.

No. 94-10691.

70 F.3d 26 (1995)

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

United States Court of Appeals, Fifth Circuit.

November 17, 1995.

Attorney(s) appearing for the Case

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.

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion October 10, 1995, 5th Cir., 1995, 66 F.3d 89)

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...

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