Opinion

Charles R. Kester v. Constance Horner, Director, Office of Personnel Management

  • 778 F.2d 1565
  • 1985 U.S. App. LEXIS 15328
Court
Court of Appeals for the Federal Circuit
Filed
Nov 21, 1985
Status
Published
Author
Miller
On the bench
Baldwin, Kashiwa, Miller
Cited by
8 cases

“To sustain an agency's construction of its authority, we need not find that its construction is the only reasonable one, or even that it is the result we would have reached had the question arisen in the first instance in judicial proceedings.”

How later courts described this case

  • “To sustain an agency's construction of its authority, we need not find that its construction is the only reasonable one, or even that it is the result we would have reached had the question arisen in the first instance in judicial proceedings.”

Written by the judges who cited it.

The opinion

MILLER, Senior Circuit Judge,

dissenting in part.

The record shows that, in setting the COLA for appellants, “living costs” sub *1571 stantially higher than those in the District of Columbia were reduced to reflect commissary and exchange privileges of employees in Hawaii — without taking into account such privileges of otherwise similarly situated employees in the District of Columbia. Thus, any differential between “living costs” in Hawaii and those in the District of Columbia would have been understated. OPM’s interpretation of “living costs” in the District of Columbia under 5 U.S.C. § 5941 is arbitrary, and no rational basis for the flawed differential appears.

In all other respects, I am in agreement with the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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