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VIRGINA CONCRETE CO. v. BOARD OF SUPERVISORS

91 S.E.2d 415 (1956)

197 Va. 821

VIRGINIA CONCRETE COMPANY, a Corporation, v. The BOARD OF SUPERVISORS OF FAIRFAX COUNTY, Virginia.

Supreme Court of Appeals of Virginia.

March 5, 1956.

Attorney(s) appearing for the Case

Andrew W. Clarke, Frank L. Ball, Sr., Arlington, Gardner L. Boothe, Alexandria, for appellant.

Alex Moncure Bloxton, John G. Epaminonda, Falls Church, for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

BUCHANAN, Justice.

The Board of Supervisors of Fairfax county on August 7, 1953, filed what it termed an original bill in the nature of a bill of review in which it alleged as follows:

That on May 7, 1952, the Board determined that the defendant, Virginia Concrete Company, Incorporated, was operating its plant in violation of the zoning ordinances of the county; that the Board employed Robert J. McCandlish as its attorney to bring a suit to enjoin the defendant...

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