The following excerpt is from Western Energy Co. v. U.S. Dept. of Interior, 932 F.2d 807 (9th Cir. 1991):
Western brings to our attention the case of Lau Ow Bew v. U.S., 144 U.S. 47, 12 S.Ct. 517, 36 L.Ed. 340 (1892), in support of this proposition. Apparently, this case was not cited to the other circuits by the parties in those cases, or if it was cited, it was not mentioned in the decisions.
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