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                        as a courtesy to the reader. They are not part of the opinion of the court.

043065P.pdf   06/13/2005  Benton S. Coons  v.  Norman Y. Mineta
   U.S. Court of Appeals Case No:  04-3065
   District of Minnesota   
   [PUBLISHED] [Murphy, Author, with Heaney and Smith, Circuit 
   Judges] 
   Civil case - employment discrimination. Under Zipes v. TWA, Inc., 
   455 U.S. 385 (1982), the timely filing of a charge of age discrimination 
   was not a jurisdictional prerequisite to suit in federal court, but a 
   requirement that, like a statute of limitations, is subject to waiver, 
   estoppel and equitable tolling; taking all of the allegations of the 
   complaint to be true, plaintiff had made a threshold showing of equitable 
   tolling, extension of the administrative time limit for seeing an EEO 
   counselor and ongoing discrimination sufficient to withstand a motion to 
   dismiss, and the case is reversed and remanded for further proceedings.