Does a judge have authority to hold for appellees on a basis other than that invoked by the district court?
MultiRegion, United States of America
The following excerpt is from U.S. v. Telink, Inc., 910 F.2d 598 (9th Cir. 1990):
1 We are within our authority in holding for appellees on a basis other than that invoked by the district court. "We may affirm on any ground fairly supported by the record." Lee v. United States, 809 F.2d 1406, 1408 (9th Cir.1987), cert. denied, 484 U.S. 1041, 108 S.Ct. 772, 98 L.Ed.2d 859 (1988). The parties here extensively briefed the ground on which we affirm.
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