1181983 Virginia Employment Commission v Herbert Davenport 01/19/1999

State: Virginia

Court: Fourth Circuit Court of Appeals Clerk

Docket No: 1181983

Case Date: 01/19/1999

Plaintiff: 1181983 Virginia Employment Commission

Defendant: Herbert Davenport 01/19/1999

Preview:COURT OF APPEALS OF VIRGINIA Present: Chief Judge Fitzpatrick, Judges Willis and Bumgardner Argued at Salem, Virginia VIRGINIA EMPLOYMENT COMMISSION v. Record No. 1181-98-3

HERBERT R. DAVENPORT

OPINION BY JUDGE JERE M. H. WILLIS, JR. JANUARY 19, 1999

FROM THE CIRCUIT COURT OF WASHINGTON COUNTY Charles H. Smith, Jr., Judge James W. Osborne, Assistant Attorney General (Mark L. Earley, Attorney General, on briefs), for appellant. David L. Scyphers (Scyphers & Austin, P.C., on brief), for appellee.

The Virginia Employment Commission (the Commission) contends that the trial court erred in awarding unemployment benefits to Herbert R. Davenport. trial court. I. BACKGROUND We agree and reverse the judgment of the

Learning that the plant at which he worked was scheduled to close, Davenport filed for unemployment benefits, effective September 17, 1995. Pursuant to Code

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