The following excerpt is from Chandler v. McMinnville School Dist., 978 F.2d 524 (9th Cir. 1992):
The school district offers a second rationale, based on Oregon law, in support of the dismissal of the complaint. The school district orally raised this issue before the district court. However, the district court did not pass upon this question, and neither will we. See Greater Los Angeles Council on Deafness v. Zolin, 812 F.2d 1103, 1107 (9th Cir.1987).
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