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PAPENTHIEN v. PAPENTHIEN

No. 95-56802.

120 F.3d 1025 (1997)

Barbara Falgoust PAPENTHIEN, Plaintiff-Appellant, v. Michael R. PAPENTHIEN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 25, 1997.

Attorney(s) appearing for the Case

Thomas D. Schaefer, Lightner, Castro, Schaefer & Hunter, San Diego, CA, for plaintiff-appellant.

Janice R. Mazur, El Cajon, CA, for defendant-appellee.

Before: FLETCHER and PREGERSON, Circuit Judges, and WEXLER, District Judge.

FLETCHER, Circuit Judge:

Barbara Papenthien appeals the dismissal of her diversity action for personal injuries arising out of alleged acts of domestic violence by her husband in the course of a ten-year marriage. The district court dismissed the action after determining that Cal.Civ. Proc.Code § 351 (West 1982), which tolls a statute of limitations during a defendant's absence from the state, was unconstitutional as applied under the Commerce Clause, U.S. Const...

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