Peter J. Bresson - Page 24

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          (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).                           




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