Centex Corp. v. Dalton

ON APPELLANT’S MOTION FOR REHEARING

Centex Corporation (“Centex”) has filed a motion for rehearing. For the most part, it reurges and reargues the same points that it raised in its original appeal. However, it now contends for the first time that “since this case was submitted the OTS has taken action to make it clear that the government intends to prohibit Centex from paying the fees” pursuant to its contract with John Dalton. Centex, in support of its position, has attached to its motion, as an exhibit, a certified copy of a Resolution by the Office of Thrift Supervision, dated December 11,…