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Court Rules Grower Can Sue DuPont

December 9, 1999

WILMINGTON, Del. (AP) _ Delaware’s Supreme Court has ruled that a Florida plant grower can sue the DuPont Co. for fraud in a dispute over the fungicide Benlate DF.

The decision Wednesday means the grower, Florida Evergreen Foliage, can reopen a case it settled with DuPont in 1994 for $2.3 million. The grower claimed Benlate DF caused massive crop damage.

Florida Evergreen said it would not have agreed to the settlement if it had been given access to test data that DuPont was accused of withholding. DuPont has denied withholding test data.

DuPont pulled the fungicide from the market in 1991 after growers in 40 states complained it destroyed their crops.

DuPont spokesman Mike Ricciuto said only a small percentage of the roughly 500 Benlate settlements would be affected by the decision.

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