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E.I. DU PONT DE NEMOURS v. AQUAMAR S.A.

No. 4D01-1642.

881 So.2d 1 (2004)

E.I. DU PONT DE NEMOURS AND COMPANY, Appellant, v. AQUAMAR S.A., Emelorsa-Empacadora El Oro S.A. and Industrial y Agricola 44 S.A., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 30, 2004.

Attorney(s) appearing for the Case

Jane Kreusler-Walsh and Rebecca Mercier-Vargas of Jane Kreusler-Walsh, P.A., West Palm Beach, Daniel F. Molony of Shook, Hardy & Bacon, L.L.P., Tampa, and Thomas M. Sherouse of Shook, Hardy & Bacon, L.L.P., Miami, for appellant.

Bruce Rogow, Beverly A. Pohl and Cheryl Zickler of Bruce S. Rogow, P.A., and Walter G. Campbell, Jr., Robert J. McKee and Ivan Cabrera of Krupnick, Campbell, Malone, Roselli, Buser, Slama, Hancock & McKee, Fort Lauderdale, for appellee Aquamar S.A.

STEVENSON, J.

The appellant, E.I. Du Pont de Nemours and Company ("Du Pont"), manufactures Benlate, a fungicide. Starting in the late 1980's/early 1990's, Benlate was applied to banana farms in Ecuador to prevent the spread of a disease called Black Sigatoka. After nearby shrimp farms, including Aquamar, S.A.,1 whose water source is the local rivers, began to experience massive shrimp mortalities, they filed suit against Du Pont. A jury...

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