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VIRGINIA IMPORTS v. KIRIN BREWERY

Nos. 2400-06-4, 2464-06-4.

650 S.E.2d 554 (2007)

50 Va. App. 395

VIRGINIA IMPORTS, LTD. v. KIRIN BREWERY OF AMERICA, LLC and Virginia Alcoholic Beverage Control Board Kirin Brewery of America, LLC v. Virginia Imports, Ltd. and Virginia Alcoholic Beverage Control Board.

Court of Appeals of Virginia.

September 18, 2007.

Attorney(s) appearing for the Case

Walter A. Marston, Jr. (Kevin R. McNally, Reed Smith, LLP, on briefs), Richmond, for Virginia Imports, Ltd.

Warwick R. Furr, II (Thomas M. Brownell, Holland & Knight, LLP, on briefs), McLean, for Kirin Brewery of America, LLC.

Carla R. Collins, Assistant Attorney General (Robert F. McDonnell, Attorney General; Francis S. Ferguson, Deputy Attorney General, on brief), for the Virginia Alcoholic Beverage Control Board.

Present: KELSEY and PETTY, JJ., and FITZPATRICK, Senior Judge.

D. ARTHUR KELSEY, Judge.

These consolidated appeals arise out of a franchisor-franchisee dispute governed by the Beer Franchise Act, Code §§ 4.1-500 to 4.1-517. Like most other franchise statutes, the Beer Franchise Act grants franchisees legal rights beyond those consensually conferred by the franchise agreement. Among those statutory rights is a prohibition on breweries "unilaterally" terminating the agreement without proper "notice" under Code §...

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