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U.S. v. WARD

No. 92-7068.

985 F.2d 500 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. John WARD and Lowann J. Ward, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 8, 1993.

Attorney(s) appearing for the Case

Jeffrey A. Knishkowy (Robert Huddle, Office of the Gen. Counsel, U.S. Dept. of Agriculture; and John Raley, U.S. Atty., and Ralph F. Keen, Asst. U.S. Atty., Muskogee, OK, with him on the briefs), Washington, DC, for plaintiff-appellee.

George W. Braly of Braly & Braly, Ada, OK, for defendants-appellants.

Before MOORE, BRORBY, and EBEL, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

The single issue presented in this appeal is whether the six-year statute of limitations established in 28 U.S.C. § 2415(a) applies to an action by the United States to foreclose its mortgage on real estate securing government loans. The district court held § 2415(a) applies only to actions for money damages brought by the United States and granted summary judgment in the government's favor ordering foreclosure on mortgages...

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