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B.M.B. CORP. v. McMAHAN'S VALLEY STORES

No. 88-1014.

869 F.2d 865 (1989)

B.M.B. CORPORATION, Plaintiff-Appellant, Cross-Appellee, v. McMAHAN'S VALLEY STORES and Sussex Group, Ltd., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

April 12, 1989.

Attorney(s) appearing for the Case

Carl H. Green, Steven L. Hughes, Grambling & Mounce, Alan R. Hunn, El Paso, Tex., for plaintiff-appellant cross-appellee.

Richard Munzinger, Jeffrey S. Alley, Scott, Hulse, Marshall, et al., El Paso, Tex., for defendants-appellees cross-appellants.

Before CLARK, Chief Judge, TIMBERS and RUBIN, Circuit Judges.

TIMBERS, Circuit Judge:

In this diversity action, a judgment n.o.v. was entered in the Western District of Texas, El Paso Division, Lucius D. Bunton, District Judge, in favor of McMahan's Valley Stores ("McMahan's") and Sussex Group, Ltd. ("Sussex") following a jury verdict in favor of B.M.B. Corporation ("B.M.B."). The district court held that, contrary to the jury's verdict, McMahan's was not liable for fraud, fraudulent concealment, or negligent misrepresentation...

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