Feinberg v. United States , 25 F. Supp. 905 ( 1938 )

HINCKS, District Judge.

Pursuant to Rule 25 of Rules of Civil Procedure, 28 U.S.C.A. following section 723c, see also 28 U.S.C.A. § 778, the petition is granted.

To be sure, it does not affirmatively appear from the allegations of the petition that the plaintiff died within two years prior thereto. .However, this fact was conceded in defendant’s brief, and it would be futile to delay the admission of the administratrix for this technical deficiency in her allegations.

Ordered accordingly.