The following excerpt is from Dodd v. Hood River County, 59 F.3d 852 (9th Cir. 1995):
As a general rule, "a federal appellate court does not consider an issue not passed upon below." Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 2877, 49 L.Ed.2d 826 (1976). This is not a hard and fast rule:
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