Kohn

This action, instituted under the Federal Tort Claims Act, 60 Stat. 843 , 28 U.S.C.A. § 921 et, seq, was commenced on May 7, 1947. The injury sued for is alleged to have occurred on November 17, 1945. It therefore appears that plaintiffs claim, having arisen after January 1, 1945, was cognizable under the Federal Tort Claims Act (Sec. 410); and furthermore, that having been commenced within one year from the effective date of the Act (August 2, 1946), the action was filed within the period of limitations prescribed by the Act itself for the commencement of suits thereunder.

Defendant nevertheless moves for leave to amend the answer to here plead the California Statute limiting the commencement of actions for negligent personal injury to one year from date of injury. Cal. Code of Civil Procedure, Sec. 340, Sub. 3. There is no justification for thus applying the local law in disregard of the specific provisions of the Federal Tort Claims Act fixing the time for initiating actions of this nature.

The case of Maryland v. United States, D. C, 70 F.Supp. 982, 983 , is not in point. We are not here confronted with an action based upon a right created by state statute which, as part of…