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For a certain period prior to October 1991, Mr. Henry
exhibited certain of his orchid plants at flower shows and
special events, made presentations to orchid societies and others
interested in growing orchids, and permitted orchid societies to
visit his nursery. The American Orchid Society awarded prizes to
Fred Henry's Paradise of Orchids for the quality of certain of
its orchid plants.
Orchid plants take five to nine years to reach maturity, and
certain types of orchid plants may have a very long life ex-
pectancy. Orchid plants are salable only when they are in
flower. The age, size, quality, and flowering capacity of the
orchid plant and the reputation of the orchid grower are factors
in determining the value of such a plant. A large orchid plant
of high quality with excellent flowering capacity increases in
value as it becomes older.
During the period 1987 through around September 1991, Mr.
Henry purchased and used a chemical fungicide manufactured by du
Pont, which was marketed under the name Benlate DF (Benlate).
Mr. Henry applied Benlate to all orchid plants in his possession
in order to prevent the growth of, or to eradicate, fungus which
was harmful to those plants. In addition to the orchid plants
owned by Fred Henry's Paradise of Orchids, Mr. Henry had in his
possession orchid plants owned by third parties. A large portion
of the orchid plants in Mr. Henry's possession were not for sale
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Last modified: May 25, 2011