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VIRGINIA EMP. v. PORTER-BLAINE CORP.

Record No. 1373-97-2.

497 S.E.2d 889 (1998)

27 Va. App. 153

VIRGINIA EMPLOYMENT COMMISSION v. PORTER-BLAINE CORPORATION.

Court of Appeals of Virginia, Richmond.

April 21, 1998.

Attorney(s) appearing for the Case

John B. Purcell, Jr., Assistant Attorney General (Richard Cullen, Attorney General, on brief), for appellant.

Thomas F. Hennessy, III (SuAnne L. Hardee; Hardee & Hennessy, P.C., on brief), Chesapeake, for appellee.

Present: FITZPATRICK, C.J., and ELDER and OVERTON, JJ.

ELDER, Judge.

The Virginia Employment Commission ("Commission" or "VEC") appeals the circuit court's orders (1) overruling its motion to dismiss Porter-Blaine Corporation's petition for judicial review and (2) reversing its decision that the service performed for Porter-Blaine Corporation by several drywall installers constituted "employment" under Code § 60.2-212. The Commission contends the circuit court erred when...

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