Fred Henry - Page 49




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          therein a claim of defamation or any other nonphysical, personal             
          tort.  See id.                                                               
               We do not understand petitioner to be arguing, and in any               
          event we do not believe, that the injuries alleged in the lawsuit            
          by the plaintiffs of lost profits, loss of business, diminution              
          of sales, additional business expenses, a reduction in the value             
          of the plaintiffs' business, lost plants, and a diminution of the            
          value of the plaintiffs' nursery as a result of contamination of             
          the soil are personal injuries.  We do not understand petitioner             
          to be claiming, and in any event we do not believe, that the                 
          cause of the injuries that the plaintiffs alleged in the lawsuit,            
          i.e., negligent manufacture and sale of a defective product,                 
          necessarily results in a personal injury within the meaning of               
          section 104(a)(2).  Although the damage to the orchid plants of              
          the plaintiffs that they alleged in the complaint in the lawsuit             
          no doubt injured their business and, consequentially, their                  
          business reputation, nowhere in the complaint in the lawsuit or              
          in the documents relating to the settlement of that lawsuit that             
          are before us is there any claim of personal injuries, as that               
          term is used in section 104(a)(2).  See id. at 313.                          
               On the record before us, we find that the plaintiffs' claims            
          for loss of business reputation and loss of reputation as orchid             
          growers are not on account of personal injuries within the                   
          meaning of section 104(a)(2).  See id. at 314.  On that record,              





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