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GREEN LEAF NURSERY v. E.I. DUPONT DE NEMOURS

Nos. 01-13345, 01-15693.

341 F.3d 1292 (2003)

GREEN LEAF NURSERY, Gus Pena, Plaintiffs-Counter-Defendants-Appellants, v. E.I. DUPONT DE NEMOURS AND COMPANY, a Delaware Corporation, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Decided: August 15, 2003.

Attorney(s) appearing for the Case

A. Camden Lewis, Thomas A. Pendarvis, Mary G. Lewis, Lewis, Babcock & Hawkins, L.L.P., Columbia, SC, David W. Moyer, Stephen T. Cox, Scott J. Allen, Molligan, Cox & Moyer, San Francisco, CA, for Green Leaf Nursery and Pena.

Thomas E. Scott, Edward A. Moss, Eileen L. Tilghman, Shook, Hardy & Bacon, Miami, FL, A. Stephens Clay, James F. Bogan, III, C. Allen Garrett, Jr., Kilpatrick & Cody, Atlanta, GA, for Defendant-Counter-Claimant-Appellee.

Before BIRCH, DUBINA and KRAVITCH, Circuit Judges.

DUBINA, Circuit Judge:

In the early 1990's, plant growers throughout the country filed hundreds of lawsuits against E.I. DuPont De Nemours and Company ("DuPont") alleging fraud and products liability relating to the DuPont fungicide Benlate. In 1992, Green Leaf Nursery, Inc., a Florida plant nursery, and its owner ("Plaintiffs") brought such a suit against DuPont in Florida state court (the "Underlying Litigation"). In May 1994, notwithstanding ongoing accusations...

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