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

> Court of Appeals for the Federal Circuit · November 21, 1985 · 778 F.2d 1565

URL: https://www.frixlaw.com/law-library/cases/9474308

## Case

- **Full name:** Charles R. KESTER, Et Al., Appellants, v. Constance HORNER, Director, Office of Personnel Management, Appellee
- **Court:** Court of Appeals for the Federal Circuit
- **Decided:** November 21, 1985
- **Citations:** 778 F.2d 1565; 1985 U.S. App. LEXIS 15328
- **Precedential status:** Published
- **Opinion:** Dissent by Miller
- **Judges:** Baldwin, Kashiwa, Miller
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9474308

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9474308. Public record. Not legal advice.