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WEBER v. DEPARTMENT OF VETERANS AFFAIRS

No. 06-35522.

521 F.3d 1061 (2008)

William N. WEBER, M.D., Plaintiff-Appellant, v. DEPARTMENT OF VETERANS AFFAIRS and Anthony J. Principi, Secretary of Veterans Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2008.

Amended April 4, 2008.

Attorney(s) appearing for the Case

Bruce M. Spencer, Smith Law Firm, P.C., Helena, MT, for plaintiff-appellant William N. Weber, M.D.

William W. Mercer, Assistant United States Attorney, Great Falls, MT, for defendants-appellees Department of Veterans Affairs and Anthony J. Principi, Secretary of Veterans Affairs.

Before: RONALD M. GOULD and RICHARD A. PAEZ, Circuit Judges, and LYLE E. STROM, District Judge.

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)...

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