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NOONEY v. STUBHUB, INC.

No. 27408.

873 N.W.2d 497 (2015)

2015 S.D. 102

John K. NOONEY and Kimberly Nooney, Plaintiffs and Appellants, v. STUBHUB, INC., a Delaware Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 30, 2015.

Attorney(s) appearing for the Case

Robert J. Galbraith of Nooney & Solay, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Jeffery D. Collins , Dana Van Beek Palmer of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, South Dakota, Attorneys for defendant and appellee.

[¶ 1.] John and Kimberly Nooney sued StubHub Inc. after tickets they purchased from StubHub for a concert were not honored at the event. In granting StubHub's motion to dismiss for failure to state a claim, the circuit court considered a document that was not attached to the complaint. On appeal, Nooneys argue that the court...

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