FLORY v. U.S.

No. 97-60081.

138 F.3d 157 (1998)

Mary Frances FLORY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 30, 1998.


Attorney(s) appearing for the Case

Wayne Dowdy, Magnolia, MS, for Plaintiff-Appellant.

Carlton Wayne Reeves, Jackson, MS, for Defendant-Appellee.

Before HIGGINBOTHAM and STEWART, Circuit Judges, and WALTER, District Judge.


WALTER, District Judge:

Plaintiff-appellant Mary Francis Flory ("Flory") appeals the district court's dismissal of her case. The district court granted summary judgment in favor of the United States, finding that Flory had received actual notice of her denied tort claim, therefore she was time-barred from proceeding under the Federal Tort Claims Act ("FTCA"). For the following reasons, we REVERSE and REMAND for further proceedings.

I. BACKGROUND

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