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foliage nursery business in Apopka, Florida, on land owned
jointly by petitioners. In 1990, BGE rented the Apopka property
from petitioners and operated the nursery, as Sweetwater
Greenery, from that time until some time in 1992. Petitioner's
husband and Thomas George were each 50-percent shareholders of
BGE. Petitioner never favored petitioner's husband's involvement
with the nursery, and their discussions on the subject were
usually contentious.
During mid-December 1990, BGE applied a fungicide called
Benlate, manufactured by E.I. DuPont De NeMours and Co. (Dupont),
to its plant inventory for protection against fungi. The Benlate
treatments damaged the foliage, prompting BGE to seek damages
from Dupont. Petitioner's husband told petitioner that he was
going to Atlanta during August 1991 to negotiate a claim for
damages against Dupont. BGE and Dupont reached a settlement
(settlement) whereby Dupont paid BGE a total of $812,411
(settlement proceeds). The damage award represented compensation
for three items: Crop damage in the amount of $367,046,
replacement costs of $55,244, and business interruption of
$390,121. Dupont paid BGE $455,000 during 1991 and $357,411
during 1992. After expenses, BGE received net proceeds of
$158,759 from Dupont during 1992. Because BGE did not reenter
the nursery business after the destruction of its inventory, most
of the money BGE received was not spent on replacements. BGE
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