CURLOTT v. HAMPTON

No. A77-10 Civil.

438 F.Supp. 505 (1977)

Joseph E. CURLOTT, Jr., Homer B. Powers, Leonard E. Small, James T. Bailey, Joseph E. Hunt, Wilbur B. Crouse, John M. Howard, Gerald K. Morrell, Individually and as representatives of their class, Mary Lou Johnson, Mary Jane Soper, Doris J. Dickfoss, Gerald L. Stennette, Katie M. Morehouse, Iris H. Harp, Betty J. Christensen, Carolyn L. Jent, Rite B. Helleck, Montyne Y. Harris, Barbara J. Berg, Individually and as representatives of their class, Joyce A. Moon, Dorothy I. Johnson, Wanda S. Jones, Carol B. Caine, Margaret R. Milewski, Sandra M. Ridihalgh, Kathy A. Curtis, Bonnie E. Barlow, Cheryl D. Bixby, Susan D. Taylor, Vicki L. Graig, Individually and as representatives of their class, Plaintiffs, v. Robert E. HAMPTON, Ludwig J. Andolsec and Georgianna Sheldon as Individuals and in their representative capacities as Commissioners of the Civil Service Commission of the United States of America, Bob Oliver, as an Individual and in his capacity as Acting Area Manager for the United States Civil Service Commission, and the Civil Service Commission of the United States of America.

United States District Court, D. Alaska.

October 7, 1977.


Attorney(s) appearing for the Case

Robert H. Wagstaff, Wagstaff & Middleton, Anchorage, Alaska, for plaintiffs.

James L. Swartz, U. S. Atty., Anchorage, Alaska, Robert H. Moll, Senior Trial Atty., U. S. Civil Service Commission, Washington, D. C., for defendants.


MEMORANDUM AND ORDER

von der HEYDT, Chief Judge.

THIS CAUSE comes before the court on cross-motions for summary judgment. The issues presented by these motions relate to changes in the method of calculating the cost-of-living allowance (COLA) for certain employees in Alaska. Some discussion of the nature and source of the COLA is necessary for an understanding of these issues.

The COLA was established in 1948 by President Truman in Executive Order...

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