Peter J. Bresson - Page 36

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          where the Supreme Court refused to apply a State statute of                 
          limitations to cut off the Government’s existing cause of action.           
          Rather,  the Summerlin doctrine is inapposite to these                      
          circumstances.                                                              


               B.   The Supreme Court                                                 
               The Supreme Court has held that temporal limitations contained         
          in State statutory rights are not statutes of limitations that are          
          subject to the rule of quod nullum tempus occurrit regi.  See               
          Custer v. McCutcheon, 283 U.S. 514 (1931).  In Custer, the Supreme          
          Court reversed the decision of the Court of Appeals for the Ninth           
          Circuit (Ninth Circuit) affirming a judgment of the District Court          
          for Idaho in favor of a U.S. marshal.  The marshal had levied an            
          execution against Custer upon a judgment entered in favor of the            
          United States 9 years earlier.  The Idaho statute governing the             
          execution process, which applied to proceedings in the District             
          Court as if Congress had enacted the statute, provided that "[t]he          
          party in whose favor judgment is given, may, at any time within             
          five years after the entry thereof, have a writ of execution issued         
          for its enforcement."  Id. at 515.  The Supreme Court, recognizing          
          that absent specific provisions to the contrary, statutes of                
          limitations do not bind the sovereign, held that the statute was            
          not a statute of limitations.  Rather, the Court held that it was           
          a statute granting a right of execution, and the time element is an         





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