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RODACK v. STATE HIGHWAY COMM'N

No. 49,275

2 Kan. App. 2d 535 (1978)

583 P.2d 1035

JOHN M. RODACK and HELEN I. RODACK, Appellants, v. STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee. Reversed, .

Court of Appeals of Kansas.

Opinion filed September 15, 1978.

Attorney(s) appearing for the Case

George E. Mallon, P.A., of Kansas City, for appellants.

Sara N. Langland, attorney for Kansas Department of Transportation, appellee.

Before SWINEHART, P.J., SPENCER and MEYER, JJ.

MEYER, J.:

This case was brought by appellants for the wrongful death of their daughter in an automobile accident, against the Kansas State Highway Commission. Appellee's motion to dismiss for failure to comply with a statutory notice requirement was sustained by the trial court.

Appellant states the sole issue is whether under the particular circumstances of this case, the appellee is equitably estopped from asserting the defense of failure to comply with...

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