Ware v. United States ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50827
Summary Calendar
CYRUS R. WARE; MILDRED WARE,
Plaintiffs-Appellants,
versus
UNITED STATES OF AMERICA; ET AL.,
Defendants,
UNITED STATES OF AMERICA,
Defendant-Appellee.
Appeal from the United States District Court for
the Western District of Texas
(USDC No. SA-99-CV-548-OLG)
_______________________________________________________
March 16, 2001
Before REAVLEY, JOLLY and JONES, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
Plaintiffs-appellants Cyrus and Mildred Ware seek to set aside the foreclosure
against their family farm. We agree with the judgment of the district court that the statute
of limitations has run. Whether their claim falls under 28 U.S.C. § 2409a or 28 U.S.C.
§ 2410, the limitations period has expired, and the Wares cannot maintain any claim
against the government’s title. See Bank One Texas v. United States, 157 F.3d 397, 402
(5th Cir. 1998).
AFFIRMED.
2