B.M.B. Corporation, Cross-Appellee v. McMahan Valley Stores and Sussex Group, Ltd., Cross-Appellants

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 in obtaining B.M.B.’s consent to an assignment from Sussex to McMahan’s of a lease for space in a building owned by B.M.B. The…