What is the test for determining whether a plaintiff has been denied a right to sue for damages under the Civil Code of Civil Procedure?
MultiRegion, United States of America
The following excerpt is from U.S. v. Talley, 914 F.2d 264 (9th Cir. 1990):
Although this issue is raised on appeal for the first time, we exercise our discretion to consider it. See, e.g., United States v. Greger, 716 F.2d 1275, 1277 (9th Cir.1983), cert. denied, 465 U.S. 1007 (1984).
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