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VOLKSWAGEN OF AMERICA, INC. v. SMIT

Record No. 082305.

689 S.E.2d 679 (2010)

VOLKSWAGEN OF AMERICA, INC. v. Demerst B. SMIT, Commissioner of the Virginia Department of Motor Vehicles, et al.

Supreme Court of Virginia.

February 25, 2010.

Attorney(s) appearing for the Case

Randall L. Oyler; Brian L. Buniva (James R. Vogler; Matthew A. Jackson; Douglas M. Palais; Corey B. Simpson, Richmond; Barack Ferrazzano Kirschbaum & Nagelberg; LeClairRyan, on brief), for appellant.

Stephen R. McCullough, State Solicitor General; Brad D. Weiss, McLean (William C. Mims, Attorney General; Martin L. Kent, Chief Deputy Attorney General; Eric K.G. Fiske, Senior Assistant Attorney General; Robert D.H. Floyd; Charapp & Weiss, on briefs), for appellees.

Present: KEENAN, KOONTZ, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ. and RUSSELL, S.J.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In a prior appeal, this Court reversed a decision of the Commissioner of the Virginia Department of Motor Vehicles ("DMV") finding that, during the period of October 1997 through March 1998, Volkswagen of America, Inc. ("Volkswagen") violated Code § 46.2-1569(7) when it failed to supply certain high-demand models of vehicles imported by Volkswagen for distribution to its franchise dealers in the United States to Miller...

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