Weber v. Department of Veterans Affairs
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The opinion filed on January 15, 2008, is hereby amended as follows:
At slip op., p. 529, 512 F.3d 1178, 1183-84, delete the following:
Because Dr. Weber failed to raise this claim before the district court, and no exceptional circumstances justify this failure, we decline to address this claim. See Monetary II Ltd. P’ship v. Comm’r, 47 F.3d 342, 347 (9th Cir.1995) (internal quotation marks omitted) (stating “[a]s a general rule, an appellate court will not consider arguments which were not first raised before the district court, absent a showing of exceptional circumstances”).
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