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McCALLUM HIGHLANDS, LTD., Plaintiff-Appellant, v. WASHINGTON CAPITAL DUS, INC., Defendant-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 *27 favor of Washington was error by the trial court.