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CITY OF ANDOVER v. SWBT

No. 96,823.

153 P.3d 561 (2007)

The CITY OF ANDOVER, Kansas, Appellee, v. SOUTHWESTERN BELL TELEPHONE, L.P., Appellant.

Court of Appeals of Kansas.

March 9, 2007.

Attorney(s) appearing for the Case

Timothy S. Pickering, Bruce A. Ney, and Melanie N. Sawyer, of Southwestern Bell Telephone, L.P., of Topeka, for appellant.

Norman G. Manley, of Davis, Manley & Lane, of El Dorado, for appellee.

Before CAPLINGER, P.J., HILL and BUSER, JJ.

HILL, J.

We consider here an order denying arbitration of a claim of the City of Andover (Andover) against Southwestern Bell Telephone, L.P. (SWBT). Andover sued SWBT, alleging that the phone company's negligence in not promptly locating its buried cables forced the city into later making a contract with SWBT to move those cables. SWBT successfully moved the cables and was paid for its work. But the parties' contract had an arbitration clause and, when sued by Andover...

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