The following excerpt is from Donovan v. Burlington Northern, Inc., 781 F.2d 680 (9th Cir. 1985):
These propositions are either wrong or beside the point. The company knew at all pertinent times that a warrant authorizing the search had been issued. True, the validity of the warrant's breadth remained uncertain in fact until this court determined the issue. In law, however, that determination fixed its validity in all respects as of the time of its issuance. See Donovan v. Burlington Northern, Inc., 694 F.2d 1213, 1216 (9th Cir.1982), cert. denied, 463 U.S. 1207, 103 S.Ct. 3538, 77 L.Ed.2d 1388 (1983). Were this not so, the government could never be reimbursed for the expenses incurred in enforcing a warrant determined to be valid only after an
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