Pflugh v. United States

GOURLEY, Chief Judge.

In this action under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671 et seq., the Government moves to dismiss the proceeding on the ground that the action was not properly instituted by a duly appointed representative of the Estate of Charles R. Pflugh as provided by the Act.

The accident occurred on July 23, 1951, and on July 7, 1953 Frances Irene Pflugh filed the action against the United States of America as Administratrix of the Estate of Charles R. Pflugh, her deceased husband. At the time the action was filed she was not duly appointed as the Administratrix of…