
    McCALLUM HIGHLANDS, LTD., Plaintiff-Appellant, v. WASHINGTON CAPITAL DUS, INC., Defendant-Appellee.
    No. 94-10691.
    United States Court of Appeals, Fifth Circuit.
    Nov. 17, 1995.
    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.
   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 favor of Washington was error by the trial court.  