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SOUTHWESTERN BELL TEL. CO. v. BD. OF COM'RS OF LYON CTY.

No. 100,678.

202 P.3d 54 (2009)

SOUTHWESTERN BELL TELEPHONE COMPANY, Appellee, v. The BOARD OF COMMISSIONERS OF LYON COUNTY, Kansas, Appellant.

Court of Appeals of Kansas.

February 27, 2009.

Attorney(s) appearing for the Case

Toby Crouse, Wendell F. Cowan, and James D. Oliver, of Foulston Siefkin, LLP, of Overland Park, for appellant.

James T. Lorenzetti, Robert A. Kumin, and David D. Backer, of Robert A. Kumin, P.C., of Mission, for appellee.

Before RULON, C.J., GREENE and HILL, JJ.

GREENE, J.

We granted an interlocutory appeal by the Board of Lyon County Commissioners (County) of the district court's conclusion that a notice of claim substantially complied with K.S.A.2008 Supp. 12-105b(d), even though the notice listed the claimant as AT & T and the subsequent suit was filed by Southwestern Bell Telephone Company (SWBTC). We agree with the district court that there was substantial compliance with the statute and affirm.

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