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SMIT v. SHIPPERS' CHOICE OF VIRGINIA, INC.

Record No. 081131.

674 S.E.2d 842 (2009)

D.B. SMIT, Commissioner, Virginia Department of Motor Vehicles v. SHIPPERS' CHOICE OF VIRGINIA, INC.

Supreme Court of Virginia.

April 17, 2009.

Attorney(s) appearing for the Case

Eric K.G. Fiske, Senior Asst. Atty. Gen. (Robert F. McDonnell, Atty. Gen., on brief), for appellant.

William H. Shewmake (Joseph McGrath; LeClairRyan, on brief), Richmond, for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, GOODWYN, and MILLETTE, JJ., and LACY, Senior Justice.

OPINION BY Senior Justice ELIZABETH B. LACY.

In this appeal we consider whether the Court of Appeals erred in determining that a person who does not receive compensation for conducting a class in a commercial driver training school is not an "instructor" as that term is defined in Code § 46.2-1700.

Shippers' Choice of Virginia, Inc. (Shippers' Choice) is a commercial driver training school licensed by the Department of Motor Vehicles (DMV) pursuant to...

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