Fred Henry - Page 41




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          result of the jury verdict, was paid on account of the loss of               
          the plaintiffs' business reputation and the loss of their rep-               
          utation as orchid growers.  The record in this case, which                   
          includes portions of the record in the lawsuit, does not support             
          petitioner's contention that all, or even a portion, of the total            
          settlement amount, or the settlement payment, was paid on account            
          of the loss of the plaintiffs' business reputation or the loss of            
          their reputation as orchid growers.  In fact, the attorney in the            
          lawsuit for the plaintiffs, Mr. Henry and Ms. Estes d/b/a Fred               
          Henry's Paradise of Orchids, told the jury in his closing ar-                
          guments that the plaintiffs were not claiming loss of reputation.            
          He stated:                                                                   
               All we're asking for here is the inventory.  We're not                  
               asking for business - or the loss of the business or                    
               loss of reputation or any of that sort of stuff.                        
               That's purely the value of the inventory.  [Emphasis                    
               added.]                                                                 
          The foregoing statements by the plaintiffs' attorney to the jury             
          in the lawsuit are consistent with the evidence submitted by the             
          plaintiffs to that jury with respect to the loss that they                   
          claimed they suffered as a result of their applying Benlate to               
          the orchid plants of Fred Henry's Paradise of Orchids.  That                 
          evidence consisted of the testimony of the plaintiffs' expert, an            
          economist, that the value of the plaintiffs' inventory of orchid             
          plants was $3,254,559, to which that expert added eight percent              
          interest in order to arrive at the total loss that the plaintiffs            





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