"Respondent may, of course, defend the judgment below on any ground
which the law and record permit, provided the asserted ground would not
expand the relief which has been granted." Smith v. Phillips, 455 U.S. 209,
215 n.6 (1982) (citing additional cases).
"The prevailing party may, of course, assert in a reviewing court
any ground in support of his judgment, whether or not that ground was
relied upon or even considered by the trial court." Dandridge v. Williams,
397 U.S. 471, 476 n.6 (1970).
"Where the decision below is correct it must be affirmed by the
appellate court though the lower tribunal gave a wrong reason for its
action." Riley Co. v. Commissioner, 311 U.S. 55, 59 (1940).
[For additional Supreme Court authority on this point, see R. Stern,
E. Gressman & S. Shapiro, Supreme Court Practice sec. 6.35, at 382 (6th ed.
1986) (quoting Washington v. Yakima Indian Nation, 439 U.S. 463, 476 n.20
(1979), Dayton Bd. of Educ. v. Brinkham, 433 U.S. 406, 419 (1977), and Blum
v. Bacon, 457 U.S. 132, 137 n.5 (1982)).]
Summary judgment may be affirmed on grounds other than those relied
upon by the district court. Dennison v. County of Frederick, Va., 921 F.2d
50, 53 (4th Cir. 1990), cert. denied, 111 S. Ct. 2828 (1991); Keith v.
Aldridge, 900 F.2d 736, 739 (4th Cir.), cert. denied, 111 S. Ct. 257 (1990).
"An appellate court may affirm a correct decision by a lower court
on grounds different than those used by the lower court in reaching its
decision." Erie Telecommunications, Inc. v. City of Erie, 853 F.2d 1084,
1089 n.10 (3d Cir. 1988) (citing Helvering v. Gowran, 302 U.S. 238, 245
(1937), Securities & Exch. Comm'n v. Chenery Corp., 318 U.S. 80, 88 (1943),
and PAAC v. Rizzo, 502 F.2d 306, 308 n.1 (3d Cir. 1974), cert. denied, 419
U.S. 1108 (1975)).
"When a party seeks neither to modify nor alter a lower court
decision 'but only to sustain it on grounds other than those relied on by
the court below,' no obligation to cross-appeal exists. * * * It is now
well established that this court has the 'power to affirm the judgment
below on any ground supported by the record, whether or not raised or
relied on in the District Court.'" Wycoff v. Menke, 773 F.2d 983, 985-56
(8th Cir. 1985) (quoting, respectively, Clark v. Mann, 562 F.2d 1104, 1111
n.3 (8th Cir. 1977), and Reeder v. Kansas City Bd. of Police Comm'rs, 733
F.2d 543, 548 (8th Cir. 1984)).
"We may affirm the district court 'on any basis fairly supported by