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PEREZ v. U.S.

No. 98-20114.

167 F.3d 913 (1999)

Diane Krobusek PEREZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 12, 1999.

Attorney(s) appearing for the Case

Neal H. Paster, Houston, TX, for Plaintiff-Appellant.

Michelle Zingaro, Janet Vallone Craig, Houston, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, DUHÉ and DeMOSS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The plaintiff in this appeal challenges the district court's conclusion that her action against the government was time-barred. The case requires us to decide whether equitable tolling is available in tort cases against the government and whether it is applicable on the facts presented. We find it both available and applicable, and thus REVERSE.

I

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