Well, after lodging my complaint with Pissed Consumers I again contacted Tyty Nurseries. This time I refused to speak with the juvenile named Todd Johnson.
Instead I spoke with Ryan, I explained to him what had happened.. He promised to send out my replacement without all the usual rigga marole. I received an email on April 15, 2013 that they shipment was made. On Thursday, April 18, 2013, I received my replacement.
Ten pomegranate trees and two Nippon Loquat.
All the trees were living and all the trees were twice the size of the original order. So I am pleased with my outcome.