Kester v. Campbell

652 F.2d 13 Charles R. KESTER, Roland D. Libby, Hazel D. Sutherland, et al., Plaintiffs-Appellees, v. Alan K. CAMPBELL, Director, Office of Personnel Management, Civil Service Commission of the United States of America, Defendant-Appellant. No. 79-4545. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 29, 1981. Decided July 27, 1981. Eloise E. Davies, Washington, D. C., for defendant-appellant. Theodore G. Meeker, Honolulu, Hawaii, argued, for plaintiffs-appellees; David M. Robinson, Honolulu, Hawaii, on brief. Appeal from the United States District Court for the District of Hawaii. Before KILKENNY, SNEED and FARRIS, Circuit Judges. FARRIS, Circuit Judge: 1 Appellants, members of the Civil Service Commission, appeal the district court's order granting plaintiffs' motion for summary judgment. We reverse. 2 In 1948, President Harry Truman issued Executive Order 10,000, and thereby established the cost-of-living allowance (COLA) adjustment system for federal employees. Under this system, employees of the federal government who are located outside the continental United States in locales having a substantially higher cost-of-living index than certain other…