Court of Claims, 1961

Bell v. United States

Bell v. United States
Court of Claims · Decided May 22, 1961
153 Ct. Cl. 716; 149 Ct. Cl. 248
Bell v. United States

Opinion of the Court

On writ of certiorari (363 U.S. 837) to review tbe action of tbe United States Court of Claims in bolding tbat plaintiffs were not entitled to recover active duty pay and allowances from the time of their capture by tbe Communist forces in Korea to tbe date of their discharges, which pay was claimed under the provisions of the Missing Persons Act because they did not have the status of prisoners of war, the Supreme Court, on May 22,1961, reversed, holding that since there was never an official administrative determination that the petitioners were no longer in the active service or that they were absent from their posts of duty without authority during the period in question, they were entitled to their pay under the language of the Missing Persons Act.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.