Fred Henry - Page 19




                                        - 19 -                                         

               At the trial in the lawsuit, an expert witness of the                   
          plaintiffs, George C. Reavy (Mr. Reavy), an economist, valued                
          petitioner's total loss at $3,796,118.  In arriving at that total            
          loss, Mr. Reavy valued (1) the actual inventory of Mr. Henry and             
          Ms. Estes d/b/a Fred Henry's Paradise of Orchids, which had been             
          counted by Crawford, at $1,508,052, (2) their inventory which had            
          been discarded, but which were represented by tags, at                       
          $1,390,078, and (3) their additional orchid plants known as                  
          cattleyas at $356,429, for a total inventory value of $3,254,559.            
          Mr. Reavy added eight percent interest to that total inventory               
          value in order to arrive at a total loss of $3,796,118.  That was            
          the position of the plaintiffs at the end of the trial in the                
          lawsuit.  The attorneys for the plaintiffs in the lawsuit did not            
          present any evidence at the trial in that lawsuit concerning                 
          damage allegedly caused by the evidence that du Pont presented               
          during that trial.                                                           
               During closing arguments to the jury after the trial in the             
          lawsuit, one of the plaintiffs' attorneys argued that the plain-             
          tiffs were seeking damages only for their lost inventory, and not            
          for loss of their reputation.  That attorney argued in pertinent             
          part as follows:                                                             
                    Now, this is probably the simplest economic chart                  
               ever presented in a case, but basically what it boils                   
               down to is this.  Remember we had Dr. Reavy come up and                 
               explain to you that he looked at the inventory, and                     
               what he did, he only did one thing with the inventory,                  





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