- 24 - (9th Cir. 1996) (considering the UFTA as adopted by the State of Washington). Other Courts of Appeals, however, have addressed this issue (albeit without great elaboration) and have applied the rule in Summerlin to actions under the UFTA or other statutory provisions, as well as actions under common law. See United States v. Wurdemann, 663 F.2d 50 (8th Cir. 1981); United States v. Fernon, 640 F.2d 609 (5th Cir. 1981); see also United States v. Moore, 968 F.2d 1099 (11th Cir. 1992). (The District Court in United States v. Vellalos, supra at 708 n.3, criticized the decisions in Fernon and Wurdemann as "an overly mechanical application of the dicta in Summerlin without serious consideration of the significant implications such a rule has for state sovereignty".) The situation in Vellalos is factually distinguishable from the situation herein. In Vellalos, the Government was unable to invoke section 6901 because it missed the limitations period prescribed by subsection (c). Therefore, it relied on State foreclosure proceedings as a means for collection.9 (It is unclear whether the District Court in Vellalos would have reached its same conclusion had the Government proceeded timely under section 6901.) Here, however, respondent has proceeded timely 9 In United States v. California, 507 U.S. 746, 758 (1993), the Supreme Court recognized that it is "a difficult question" whether a State law action brought by the United States is subject to Federal or State limitations periods. See Santiago v. United States, 884 F. Supp. 45 (D.P.R. 1995); United States v. Perrina, 877 F. Supp. 215, 218 n.5 (D.N.J. 1994).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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