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VOLKSWAGEN OF AMERICA, INC. v. SMIT

Record No. 2961-07-2.

667 S.E.2d 817 (2008)

52 Va. App. 751

VOLKSWAGEN OF AMERICA, INC. v. Demerst B. SMIT, Commissioner of the Virginia Department of Motor Vehicles and Miller Auto Sales, Inc.

Court of Appeals of Virginia, Richmond.

October 28, 2008.

Attorney(s) appearing for the Case

Randall L. Oyler (James R. Vogler, Stephanie M. Zimdahl, Chicago, IL; Douglas M. Palais, Brian L. Buniva, Corey B. Simpson, Stephen M. Faraci, Sr., Richmond; Barack Ferrazzano Kirschbaum & Nagelberg, LLP, Chicago, IL; LeClair Ryan, Richmond, on briefs), for appellant.

Eric K.G. Fiske, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee Demerst B. Smit, Commissioner of the Virginia Department of Motor Vehicles.

Brad D. Weiss (Robert D.H. Floyd; Charapp & Weiss, LLP, on brief), McLean, for appellee Miller Auto Sales, Inc.

Present: ELDER, FRANK and CLEMENTS, JJ.

JEAN HARRISON CLEMENTS, Judge.

This appeal arises from an order of the Circuit Court of the City of Richmond (circuit court) affirming the decision by Demerst B. Smit, Commissioner of the Virginia Department of Motor Vehicles (commissioner), that, during the period October 1997 through March 1998, Volkswagen of America, Inc. (Volkswagen) violated Code § 46.2-1569(7) when it failed to ship any newly introduced Passats or New Beetles to Miller Auto Sales, Inc....

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