Fred v. Cherry v. The United States

EDWARD S. SMITH, Circuit Judge.

While appellant, a colonel in the United States Air Force, was a prisoner of war in North Vietnam from 1965 to 1973, the Air Force paid his entire salary to his then wife. In earlier proceedings before the United States Court of Claims, 1 Colonel Cherry successfully argued that the failure of the Air Force to limit those payments upon learning that Mrs. Cherry was living with another man, had had a child with him, and was neglecting Colonel Cherry’s children, was actionable as a breach of the Air Force’s duty to appellant under the Missing Persons Act. 2 That…