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NAVISTAR, INC. v. NEW BALTIMORE GARAGE

Record No. 2343-11-4.

731 S.E.2d 13 (2012)

60 Va. App. 599

NAVISTAR, INC. v. NEW BALTIMORE GARAGE, INC. and Commissioner, Virginia Department of Motor Vehicles.

Court of Appeals of Virginia, Alexandria.

August 14, 2012.

Attorney(s) appearing for the Case

Jonathan P. Heyl ( Scott D. Helsel ; Smith Moore Leatherwood LLP; Walton & Adams, P.C., Reston, on briefs), for appellant.

Clifford L. Athey, Jr. , Front Royal ( C. Todd Gilbert ; Kimberly M. Athey ; Pond, Athey, Athey & Pond, P.C., Front Royal, on brief), for appellee New Baltimore Garage, Inc.

Eric K.G. Fiske , Senior Assistant Attorney General ( Kenneth T. Cuccinelli, II , Attorney General; Janet L. Westbrook , Assistant Attorney General, on brief), for appellee Commissioner, Department of Motor Vehicles.

Present: FELTON, C.J. and McCULLOUGH and HUFF, JJ.

McCULLOUGH, Judge.

The Commissioner of the Department of Motor Vehicles concluded that a chargeback in the amount of $57,333.60 and a reduction in the hourly labor rate that Navistar, Inc. imposed on New Baltimore Garage, Inc. for warranty work were invalid under Code § 46.2-1571. The Circuit Court for Fauquier County affirmed the Commissioner's decision. Navistar appeals, challenging the Commissioner's interpretation of the statute, as well as the evidence New...

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