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DOUBLE M CONST., INC. v. STATE CORP. COM'N

No. 100,312.

202 P.3d 7 (2009)

DOUBLE M CONSTRUCTION, INC., Appellant, v. STATE CORPORATION COMMISSION, Appellee.

Supreme Court of Kansas.

February 6, 2009.

Attorney(s) appearing for the Case

Jay L. MowBray, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., argued the cause, and Richmond M. Enochs, of the same firm, was with him on the briefs for appellant.

Patrice Petersen-Klein, advisory counsel, of Kansas Corporation Commission, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by ROSEN, J.:

On transfer from the Court of Appeals, Double M Construction, Inc. appeals from a district court decision upholding a Kansas Corporation Commission (Corporation Commission) order imposing liability for failure to properly investigate the location of a natural gas pipeline before excavating.

The parties submitted stipulated facts to the Corporation Commission. In its responsive

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