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VIRGINIA EMPLOYMENT COM'N v. DEVENPORT

Record No. 1181-98-3.

509 S.E.2d 522 (1999)

29 Va. App. 26

29 Va. App. 26

VIRGINIA EMPLOYMENT COMMISSION v. Herbert R. DAVENPORT.

Court of Appeals of Virginia, Salem.

January 19, 1999.

Attorney(s) appearing for the Case

James W. Osborne, Assistant Attorney General (Mark L. Earley, Attorney General, on briefs), for appellant.

David L. Scyphers (Scyphers & Austin, P.C., on brief), Abingdon, for appellee.

Present: FITZPATRICK, C.J., and WILLIS and BUMGARDNER, JJ.

WILLIS, Judge.

The Virginia Employment Commission (the Commission) contends that the trial court erred in awarding unemployment benefits to Herbert R. Davenport. We agree and reverse the judgment of the trial court.

I. BACKGROUND

Learning that the plant at which he worked was scheduled to close, Davenport filed for unemployment benefits, effective September 17, 1995. Pursuant to Code § 60.2-614, he listed as his thirty-day employer Westinghouse...

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