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AVERY v. VIRGINIA

Record No. 2325-98-4.

520 S.E.2d 831 (1999)

31 Va. App. 1

Linda K. AVERY v. VIRGINIA RETIREMENT SYSTEM.

Court of Appeals of Virginia, Alexandria.

November 9, 1999.

Attorney(s) appearing for the Case

R. Scott Oswald (Noto & Oswald, P.C., on brief), Washington DC, for appellant.

Brian J. Goodman, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: BENTON and ANNUNZIATA, JJ., and DUFF, Senior Judge.

BENTON, Judge.

This appeal arises under the Administrative Process Act. Linda K. Avery contends the trial judge erred in denying her application for an award of attorney fees pursuant to Code § 9-6.14:21. As an additional issue, see Rule 5A:21, the Virginia Retirement System contends the circuit court "lacked subject matter jurisdiction to hear this case." For the reasons that follow, we hold that the circuit...

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