Schuh v. United States

The plaintiff here sues for rental allowances which he says were due him as an officer of the United States Coast Guard performing the duties of an aviator engaged in antisubmarine warfare in the Gulf of Mexico.

His planes were land-based and he had certain duties to pei'form on shore, but the shore duties were merely incidental to his duties in combat, and his combat duties were paramount.

This officer received an increase in pay on the ground that he was performing sea duty as such duty was defined by the head of his department. The head of his department did define his duty as sea duty. This…