Culver v. United States

Submitted, per Twenty-Third Rule, April 12, 1926.

Decided May 24, 1926.

Officer in air service, while detailed by Secretary of War to General Staff War College for duty as student officer, and not under command of Chief of Air Service (Army Regulations, par. 1575), held not required to participate regularly and frequently in aerial flights, and not entitled to additional pay provided for by Army Reorganization Act June 4, 1920, § 13a (Comp. St. Ann. Supp. 1923, § 1860a(1)) prior to the President's regulation of December 31, 1920 (Army Regulations, par. 1269 1/2).

Messrs. George A. King, Wm. Bruce King, and George R. Shields, all of Washington, D. C., for petitioner.

Mr. William D. Mitchell, Sol. Gen., of Washington, D. C., for the United States.

Mr. Justice BUTLER delivered the opinion of the Court.