Espartero v. United States

This case is before the court on defendant’s motion for summary judgment.

Plaintiff, a former Philippine Scout, sues for per diem allowance for quarters and subsistence during the period April 9,1942, to February 22,1945, during which time he was officially carried as a prisoner of war or missing in action.

Plaintiff enlisted in the Philippine Scouts on February 6, 1941. Upon the fall of Bataan on April 9,1942, he was taken prisoner by the Japanese and was taken, on the “Bataan death march”, to the concentration camp at Balanga. Subsequently he escaped and joined a group known as “Colonel…