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NATIONAL COLLEGE OF BUS. v. DAVENPORT

Record No. 0938-10-3.

705 S.E.2d 519 (2011)

57 Va. App. 677

NATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY, INC. v. C. Ray DAVENPORT, Commissioner of Labor and Industry.

Court of Appeals of Virginia.

February 15, 2011.

Attorney(s) appearing for the Case

Samuel M. Brock, III ( Monica Taylor Monday ; James J. O'Keeffe ; Spencer M. Wiegard ; Spilman Thomas & Battle, PLLC; Gentry Locke Rakes & Moore, LLP, Roanoke, on brief), for appellant.

Crystal Y. Twitty , Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Wesley G. Russell, Jr. , Deputy Attorney General; Peter R. Messitt , Senior Assistant Attorney General, on brief), for appellee.

Present: FRANK, HUMPHREYS and McCLANAHAN, JJ.

FRANK, Judge.

National College of Business and Technology, Inc. (the College) was cited for violating certain asbestos-related safety standards issued by the Virginia Department of Labor and Industry Occupational Safety and Health Administration (VOSH). The circuit court1 upheld the citations and penalty. On appeal, the College contends the circuit court erred in finding: (1) that the College...

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