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RODRIGUEZ v. U.S.

No. 15-2178.

852 F.3d 67 (2017)

Rosa Carmina RODRIGUEZ; Alexis E. Agostini; Raymond U. Arroyo; Carl C. Christensen; Ernesto L. Cruz; Manuel Q. Cruz; Shirley Y.M. Cummins; Linda T. Kuailani; Roy Lynch; Rafael A. Martinez; Albert E. Miller; Julia Q. Norman; Hildamar Ortiz; Reginald Kenalio Puana; Ivan O. Puig; Cynthia Jean Romney; Victor L. Rosario; Celia A. Ruiz; Joel A. Tutein, Plaintiffs, Appellants, v. UNITED STATES of America; the United States Office of Personnel Management; Beth F. Cobert, Acting Director of the United States Office of Personnel Management, Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 24, 2017.

Attorney(s) appearing for the Case

Adam H. Charnes , with whom Christin J. Jones , Dallas, TX, Thurston H. Webb , Atlanta, GA, and Kilpatrick Townsend & Stockton LLP were on brief, for appellants.

Stephanie R. Marcus , Attorney, Appellate Staff, Civil Division, United States Department of Justice, with whom Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Rosa E. Rodríguez-Vélez , United States Attorney, and Marleigh D. Dover , Attorney, Appellate Staff, Civil Division, United States Department of Justice, were on brief, for appellees.

Before Howard, Chief Judge, Dyk, and Thompson, Circuit Judges.

Plaintiffs challenge the Office of Personnel Management's ("OPM") regulations that exclude cost-of-living allowances ("COLAs")1 from the calculation of retirement and other benefits. These COLAs are received by federal employees working in non-foreign areas located outside the contiguous United States...

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