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044155P.pdf   04/06/2006  T.L.  v.  USA
   U.S. Court of Appeals Case No:  04-4155
   Eastern District of Missouri   
   [PUBLISHED] [Colloton, Author, with Riley and Hansen, Circuit Judges]
Civil case - Federal Torts Claims Act. The FCTA statute of limitations is a jurisdictional prerequisite rather than an affirmative defense; considerations of equitable tolling make up part of the court's determination whether an action falls within the scope of the waiver of sovereign immunity granted by Congress and thus within in the scope of jurisdiction of the federal courts; district court's finding that plaintiff was aware of her child's brain injury on December 18,1997 and that her claim accrued on that date was not clearly erroneous; plaintiff failed to establish any basis for tolling the statute of limitations, and the district court did not err in finding the claim was time-barred.