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SOUTHWEST. BELL TEL. CO. v. BEACHNER CONST.

No. 101,153.

221 P.3d 588 (2009)

SOUTHWESTERN BELL TELEPHONE CO. d/b/a AT & T Kansas, Appellee, v. BEACHNER CONSTRUCTION COMPANY, INC., Appellant.

Supreme Court of Kansas.

December 11, 2009.

Attorney(s) appearing for the Case

Richard L. Hines, of Hines & Ahlquist, P.A., of Erie, argued the cause and was on the briefs for the appellant.

Mimi B. MacDonald, argued the cause, and James T. Lorenzetti, of Robert A. Kumin, P.C., of Mission, was on the brief for the appellee.

Molly Aspan, of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., of Tulsa, Oklahoma, was on the brief for amicus curiae MCI Communications Services, Inc.

William A. Larson, of Larson & Blumreich, Chartered, of Topeka, was on the brief for amicus curiae Kansas Contractors Association.

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

This is a property damage case arising out of a public improvements project in Frontenac, Kansas. Southwestern Bell Telephone Company d/b/a AT & T Kansas (SBT) obtained judgment against Beachner Construction Company, Inc. (Beachner) for damages negligently caused to an SBT underground telephone cable which SBT had relocated at the city's request to accommodate Beachner's project construction. We transferred Beachner...

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