Peter J. Bresson - Page 27

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          that claims of the United States could be invalidated because they          
          were not filed within the prescribed period of time.  The Court             
          reasoned:                                                                   
                    If this were a statute merely determining the limits              
               of the jurisdiction of a probate court and thus providing              
               that the County Judge should have no jurisdiction to                   
               receive or pass upon claims not filed within the eight                 
               months, while leaving an opportunity to the United States              
               otherwise to enforce its claim, the authority of the                   
               State to impose such a limitation upon its probate court               
               might be conceded.  But if the statute, as sustained by                
               the state court, undertakes to invalidate the claim of                 
               the United States, so that it cannot be enforced at all,               
               because not filed within eight months, we think the                    
               statute in that sense transgressed the limits of state                 
               power.                                                                 
          Id.                                                                         
               We do not read Summerlin as requiring a distinction between a          
          statute of limitations and a limitations period that is an element          
          of a cause of action, and we hold that no such distinction is               
          relevant in this case.  The Supreme Court in Summerlin did not              
          recognize the Florida limitations  period  as  a  statute  of               
          limitations, and there is no language in that case limiting its             
          holding to such statutes.  See FSLIC v. Landry, 701 F. Supp. 570,           
          573 (E.D. La. 1988).  The persuasive case law supports our holding.         
          See United States v. Cody, 961 F. Supp. at 221.                             
               Moreover, the public policy for exempting the Federal                  
          Government from the application of State statutes of limitations is         
          not furthered by carving out exceptions where the State integrates          
          the limitations period as an element of the cause of action which           





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