Fred Henry - Page 4

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          petitioner; (2) Universal sold Benlate with a defect that was a             
          legal cause of damage to petitioner; and (3) Dupont's negligence            
          was a legal cause of damage to petitioner.  The jury further                
          concluded that petitioner was also negligent, assigning 80                  
          percent of responsibility for petitioner's damages to Dupont and            
          Universal and 20 percent of the responsibility to petitioner.               
          The jury listed petitioner's total damages as $3,796,318, an                
          amount that is exactly $200 more than the damages estimated by              
          petitioner's expert at trial.                                               
               On September 28, 1993, the trial court entered a final                 
          judgment, consistent with the jury's verdict in petitioner's                
          favor, in the amount of $3,037,054.3  However, on October 4,                
          1993, Dupont and Universal filed, inter alia, a motion to amend             
          the judgment to reduce the same to account for $200,000 that                
          Dupont previously paid to petitioner with respect to his claims.            
          On December 8, 1993, the trial court granted the above-described            
          motion and entered an amended judgment in petitioner's favor in             
          the amount of $2,837,054.                                                   
               On December 17, 1993, Dupont and Universal filed a notice of           
          appeal with respect to the amended judgment.  On May 31, 1994,              
          petitioner approved and accepted a distribution schedule which              



          3  The final judgment in the amount of $3,037,054 is 80                     
          percent of the amount of the total damages determined by the jury           
          and reflects the jury's determination respecting the parties'               
          comparative negligence.                                                     



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