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VOLKSWAGEN OF AMERICA v. STATE, BD. OF VEHICLE MANUFACTURERS

840 A.2d 479 (2004)

VOLKSWAGEN OF AMERICA, INC. and Audi of America, Inc., Petitioners, v. STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 8, 2004.

Attorney(s) appearing for the Case

John B. Consevage, Harrisburg, for petitioner.

Thomas A. Blackburn, Harrisburg, for respondent.

John L. Geiser, State College, for intervenor.

Kandice J. Giurintano, Harrisburg, for amicus curiae.

BEFORE: FRIEDMAN, J., SIMPSON, J., and FLAHERTY, Senior Judge.

OPINION BY Judge SIMPSON.

Volkswagen of America, Inc. and Audi of America, Inc. (together Manufacturer) petition for review of the decision of the State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) sustaining the protest of Shields Motor Co. (Dealer).1 To resolve the protest, the Board interpreted "unsubstantiated" as the word is used in Sections 9 and Subsection 9(e) of the Board of Vehicles Act (Act).

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