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VOLKSWAGEN OF AMERICA, INC. v. QUILLIAN

Record No. 1947-01-2.

569 S.E.2d 744 (2002)

39 Va. App. 35

VOLKSWAGEN OF AMERICA, INC. v. Asbury W. QUILLIAN, Commissioner of the Virginia Department of Motor Vehicles and Miller Auto Sales, Inc.

Court of Appeals of Virginia, Richmond.

September 17, 2002.

Attorney(s) appearing for the Case

James R. Vogler, pro hac vice (Randall L. Oyler; Steven J. Yatvin, Chicago, IL; Douglas M. Palais; Brian L. Buniva; Patricia A. Collins, Richmond; Barack Ferrazzano Kirschbaum Perlman & Nagelberg, Chicago, IL; McCandlish Kaine, P.C., Richmond, on briefs), for appellant.

Richard L. Walton, Jr., Senior Assistant Attorney General (Randolph A. Beales, Attorney General; Richard B. Campbell, Deputy Attorney General, on brief) for appellee Asbury W. Quillian, Commissioner of the Department of Motor Vehicles.

Brad D. Weiss, Washington, DC (C. Michael Deese; Michael C. Gartner, Fairfax; Charapp, Deise & Weiss, L.L.P., Washington, DC, on brief), for appellee Miller Auto Sales, Inc.

Present: BENTON and CLEMENTS, JJ., and COLEMAN, Senior Judge.

JEAN HARRISON CLEMENTS, Judge.

This appeal arises from a decree of the Circuit Court of the City of Richmond (circuit court) affirming the ruling by Richard D. Holcomb, former Commissioner of the Virginia Department of Motor Vehicles (commissioner), that the method used by Volkswagen of America, Inc. (Volkswagen) to allocate its newly manufactured motor vehicles to Miller Auto Sales, Inc. (Miller) was in violation of Code § 46.2-1569(7), and finding that the...

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