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DISCOVER BANK v. STANLEY

No. 24822.

757 N.W.2d 756 (2008)

2008 SD 111

DISCOVER BANK, Plaintiff and Appellee, v. Joseph STANLEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Robert A. Martin, Rapid City, South Dakota, Attorney for plaintiff and appellee.

Casey N. Bridgman of Bridgman and Adel, Wessington Springs, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Discover filed a motion for summary judgment in a breach of contract claim against cardholder Joseph Stanley. Discover did so without filing a statement of undisputed material facts. The circuit court granted Discover's motion, and entered a judgment against Stanley. Stanley appeals. We reverse.

FACTS

[¶ 2.] Joseph Stanley applied for and was granted a Discover card in March of 1996. The terms which Discover...

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