Kester v. Campbell, 652 F.2d 13 (9th Cir. 1981). · Go Syfert
Kester v. Campbell, 652 F.2d 13 (9th Cir. 1981). Cases Citing This Book View Copy Cite
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cited 3× by 2 distinct cases · "Kester II"
82 citation events (29 in the last 25 years) across 23 distinct courts.
Strongest positive: Proposed Amendments to Military Commission Order No. 1 (olc, 2005-08-12)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Proposed Amendments to Military Commission Order No. 1
OLC · 2005 · quote attribution · 1 verbatim quote · confidence high
in light of an agency's presumed expertise in interpreting executive orders charged to its administration," the agency's interpre- tations should receive "great deference.
examined Cited as authority (quoted) Montana Wilderness Association v. Gene Terland (6×) also: Cited as authority (rule), Cited "see"
9th Cir. · 2013 · signal: cf. · quote attribution · 1 verbatim quote · confidence low
in light of an agency's presumed expertise in interpreting executive orders charged to its administration, we review such agency interpretations with great deference. . . . all that is required is that the interpretation adopted by the agency be reasonable.
discussed Cited as authority (quoted) Kester v. Devine
D. Haw. · 1982 · quote attribution · 1 verbatim quote · confidence low
kester ii
discussed Cited as authority (rule) Ryne M. Seeto v. Frank Kendall III, Secretary of the Air Force
D. Nev. · 2025 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir. 1981). 1 district court, a plaintiff “must identify an independent basis for the waiver of sovereign 2 immunity.”21 3 Seeto alleges that the APA supplies that waiver for his claims.22 The APA allows the 4 federal government to be sued in federal district court if two conditions are met:23 (1) the 5 plaintiff seeks relief other than money damages,24 and (2) no other adequate remedy exists in 6 another court.25 The Secretary contends that Seeto’s suit, by its nature, doesn’t fall within the 7 APA’s limited waiver of sovereign immunity and b…
discussed Cited as authority (rule) McMillan v. Garland
D. Ariz. · 2022 · confidence medium
However, § 1331 “neither waives the federal 12 government’s sovereign immunity to suit nor indicates the appropriate forum for 13 adjudication of the controversy.” Kester v. Campbell, 652 F.2d 13, 15 (9th Cir. 1981); see 14 also Castaneda, 2019 WL 2076036 , at *2 (“The Ninth Circuit has consistently held that 15 § 1331 does not waive the government’s sovereign immunity from suit.”).
discussed Cited as authority (rule) City & County of San Francisco v. Donald Trump
9th Cir. · 2018 · confidence medium
Because an agency has “presumed expertise in interpreting executive orders charged to its administration,” the Court generally will “review such agency interpretations with great deference.” Kester v. Campbell, 652 F.2d 13, 15 (9th Cir. 1981).
discussed Cited as authority (rule) Western Watersheds Project v. Bob Abbey (2×) also: Cited "see"
9th Cir. · 2013 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981); see also Am.
cited Cited as authority (rule) Wilderness Society v. United States Bureau of Land Management
D. Ariz. · 2011 · confidence medium
Labor Relations Auth., 204 F.3d 1272 , 1274-75 (9th Cir.2000), and Kester v. Campbell, 652 F.2d 13, 15-16 (9th Cir.1981)).
cited Cited as authority (rule) In re Montana Wilderness Ass'n
D. Mont. · 2011 · confidence medium
No showing has been made that the chosen definition is unreasonable, rendering it arbitrary and capricious. 8 Cf. Kester v. Campbell, 652 F.2d 13, 15-16 (9th Cir.1981) (citing cases).
cited Cited as authority (rule) Sherley v. Sebelius
D.D.C. · 2011 · confidence medium
Udall v. Tallman, 380 U.S. 1, 16-17 , 85 S.Ct. 792 , 13 L.Ed.2d 616 (1965); Kester v. Campbell, 652 F.2d 13, 15-16 (9th Cir. 1981).
cited Cited as authority (rule) Al Haramain Islamic Foundation, Inc. v. United States Department of the Treasury
D. Or. · 2008 · confidence medium
All that is required is that the interpretation adopted by the agency be reasonable.” Kester v. Campbell, 652 F.2d 13, 15-16 (9th Cir.1981).
discussed Cited as authority (rule) American Federation Of Government Employees, Afl-Cio (Afge), Petitioner v. Federal Labor Relations Authority (2×) also: Cited "see"
9th Cir. · 2000 · confidence medium
See NLRB v. Kolkka, 170 F.3d 937 , 939 (9th Cir. 1999) (statute); Kester v. Campbell, 652 F.2d 13, 15 (9th Cir. 1981) (executive order); University of S. Cal. v. Cost of Living Council, 472 F.2d 1065, 1068 (9th Cir. 1972) (executive order).
discussed Cited as authority (rule) American Federation of Government Employees v. Federal Labor Relations Authority (2×) also: Cited "see"
9th Cir. · 2000 · confidence medium
See NLRB v. Kolkka, 170 F.3d 937 , 939 (9th Cir.1999) (statute); Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981) (executive order); University of S. Cal. v. Cost of Living Council, 472 F.2d 1065, 1068 (Em.App.
discussed Cited as authority (rule) McMillan v. Department of the Interior
D. Nev. · 1995 · confidence medium
Holloman, 708 F.2d at 1401 (citing Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981), cert. denied, 454 U.S. 1146 , 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982)); Gilbert v. DaGrossa, 756 F.2d 1455, 1458 (9th Cir.1985).
discussed Cited as authority (rule) Clarry v. United States
E.D.N.Y · 1995 · confidence medium
The interpretation adopted by the agency must be reasonable, “ ‘and it is considered reasonable’ unless it is plainly erroneous or inconsistent with the [President’s order].” Id. at 1045 (quoting Kester v. Campbell, 652 F.2d 13, 15-16 (9th Cir.1981), cert. denied, 454 U.S. 1146 , 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982)); see also, Dehainaut, 32 F.3d at 1073 .
discussed Cited as authority (rule) Robishaw Engineering, Inc. v. United States
E.D. Va. · 1995 · confidence medium
Instrument, Inc. v. United States, 715 F.2d 713, 724 (2d Cir.1983); Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981), cert. denied, 454 U.S. 1146 , 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982); Beale v. Blount, 461 F.2d 1133, 1138 (5th Cir.1972); Serra v. United States Gen.
cited Cited as authority (rule) Kanemoto v. Reno
Fed. Cir. · 1994 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981).
cited Cited as authority (rule) Kanemoto v. Reno
Fed. Cir. · 1994 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981).
discussed Cited as authority (rule) Jean Dehainaut v. Federico Pena (2×) also: Cited "see"
7th Cir. · 1994 · confidence medium
Wagner v. Office of Personnel Management, 783 F.2d 1042, 1045 (Fed.Cir.), cert. denied, 477 U.S. 906 , 106 S.Ct. 3276 , 91 L.Ed.2d 566 (1986); Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981), cert. denied, 454 U.S. 1146 , 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982).
discussed Cited as authority (rule) Jack E. Fetter v. United States
9th Cir. · 1992 · confidence medium
However, "this statute neither waives the federal government's sovereign immunity to suit nor indicates the appropriate forum for adjudication of the controversy." Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981); accord Holloman v. Watt, 708 F.2d 1399, 1401 (9th Cir.1983).
discussed Cited as authority (rule) A.E. Finley & Associates, Inc. v. United States
6th Cir. · 1990 · confidence medium
Further, although § 1331 does not itself provide consent to be sued, Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981), cert. denied, 454 U.S. 1146 , 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982), the Administrative Procedure Act, specifically 5 U.S.C. § 702 , waives sovereign immunity under § 1331.
discussed Cited as authority (rule) Adamson v. Radosevic
D. Kan. · 1988 · confidence medium
See, e.g., Fairview Township v. United States Environmental Protection Agency, 773 F.2d 517, 528 (3d Cir.1985); Portsmouth Redev. & Housing Auth. v. Pierce, 706 F.2d 471 , 474 (4th Cir.), cert. denied, 464 U.S. 960 , 104 S.Ct. 392 , 78 L.Ed.2d 336 (1983); Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981).
cited Cited as authority (rule) Joseph C. Wagner, Jr., and Jeffery L. Atchley v. Office of Personnel Management
Fed. Cir. · 1986 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981), cert. denied, 454 U.S. 1146 , 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982) (Civil Service Commission interpretation of Executive order of President).
discussed Cited as authority (rule) Charles R. Kester v. Constance Horner, Director, Office of Personnel Management (2×)
Fed. Cir. · 1985 · confidence medium
Kester v. Campbell, 652 F.2d 13, 16 (9th Cir.1981).
discussed Cited as authority (rule) Chula Vista City School District v. T.H. Bell, United States Secretary of Education, Chula Vista City School District v. T.H. Bell, United States Secretary of Education
9th Cir. · 1985 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981) (Tucker Act, class action), cert. denied, 454 U.S. 1146 , 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982); March v. United States, 506 F.2d 1306 , 1309 n. 1 (D.C.Cir.1974) (same); see also Zahn v. International Paper Co., 414 U.S. 291, 301 , 94 S.Ct. 505, 512 , 38 L.Ed.2d 511 (1973) (minimum amount for diversity jurisdiction, class action); Glover v. Johns-Manville Corp., 662 F.2d 225 , 231 (4th Cir.1981) (Tucker Act, multiple third-party complainants).
discussed Cited as authority (rule) North Side Lumber Co., Summit Timber Co., Stevenson Co-Ply, Inc., on Behalf of Themselves and All Others Similarly Situated, and Bohemia, Inc., Medford Corporation, Southwest Forest Industries, Inc., Boise Cascade Corporation, Crown Zellerbach Corporation, Georgia-Pacific Corporation, Penn Timber, Inc., Louisiana-Pacific Corporation, Publishers Paper Co., and Willamette Industries, Inc., Plaintiffs-Intervenors-Appellees v. John Block, Secretary of the United States Department of Agriculture R. Max Peterson, Chief of the United States Forest Service: Jeff M. Sirmon, Regional Forester for Region Vi of the United States Forest Service, and Lane County, Defendant-Intervenor-Appellant. North Side Lumber Co., Summit Timber Co., Stevenson Co-Ply, Inc., on Behalf of Themselves and All Others Similarly Situated, and Bohemia, Inc., Medford Corporation, Southwest Forest Industries, Inc., Boise Cascade Corporation, Crown Zellerbach Corporation, Georgia-Pacific Corporation, Penn Timber, Inc., Louisiana-Pacific Corporation, Publishers Paper Co., and Willamette Industries, Inc., Plaintiffs-Intervenors-Appellants v. John Block, Secretary of the United States Department of Agriculture R. Max Peterson, Chief of the United States Forest Service: Jeff M. Sirmon, Regional Forester for Region Vi of the United States Forest Service, and Lane County, Defendant-Intervenor-Appellee
9th Cir. · 1985 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981), cert. denied, 454 U.S. 1146 , 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982) 4 King and Jones dealt with the jurisdiction of the former United States Court of Claims, but the cases are relevant because the Federal Courts Improvement Act of 1982, Sec. 133, Pub.L. 97-164, 96 Stat. 25, 39, vested the newly-created Claims Court with the trial jurisdiction of the former Court of Claims.
cited Cited as authority (rule) North Side Lumber Co. v. Block
9th Cir. · 1985 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981), cert. denied, 454 U.S. 1146 , 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982). .
cited Cited as authority (rule) International Union, United Automobile v. Donovan
D.C. Cir. · 1984 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981).
cited Cited as authority (rule) Susan Alaniz, Appellants/cross-Appellees v. Office of Personnel Management, Appellees/cross-Appellants
Fed. Cir. · 1984 · confidence medium
Udall v. Tallman, 380 U.S. 1, 16-17 [ 85 S.Ct. 792, 801-02 , 13 L.Ed.2d 616 ] . . . (1965); Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981). 545 F.Supp. at 1187 .
discussed Cited as authority (rule) Temengil v. Trust Territory of the Pacific Islands (2×)
N. Mar. I. · 1983 · confidence medium
Kester v. Campbell. 652 F.2d 13, 15 (9th Cir. 1981), cert.denied _, U.S. _, 102 S.Ct. 1008 , 71 L.Ed.2d 298 (1982).
discussed Cited as authority (rule) Holloman v. Watt
9th Cir. · 1983 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981). 9 Appellees argue that Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), authorizes a damage action based upon a violation of due process without an explicit waiver of sovereign immunity.
cited Cited as authority (rule) Holloman v. Watt
9th Cir. · 1983 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981).
discussed Cited as authority (rule) Alaniz v. Office of Personnel Management (2×) also: Cited "see"
D. Alaska · 1982 · confidence medium
Udall v. Tallman, 380 U.S. 1, 16-17 , 85 S.Ct. 792, 801-802 , 13 L.Ed.2d 616 (1965); Kester v. Campbell, 652 F.2d 13, 15 (9th Cir. 1981).
cited Cited as authority (rule) Bauer v. McCoy
N. Mar. I. · 1982 · confidence medium
Kester v. Campbell, 652 F.2d 13, 15 (9th Cir. 1981).
discussed Cited "see" Movimiento Democracia, Inc. v. Johnson
S.D. Fla. · 2016 · signal: see · confidence high
See Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981) (“In light of an agency’s presumed expertise in interpreting executive orders charged to its administration, we review such agency interpretations with great deference.”); accord Alaniz v. Office of Pers.
cited Cited "see" In re: Marshall L. Rader and Barbara J. Rader
9th Cir. BAP · 2013 · signal: see · confidence high
See Kester v. Campbell, 652 F.2d 13, 16 (9th Cir.1981) (“The language of the [executive] order is sufficiently ambiguous to permit several reasonable interpretations. ...”); Univ.
cited Cited "see" Consolidated Edison Co. of New York, Inc. v. United States, Department of Energy
Fed. Cir. · 2000 · signal: see · confidence high
See Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981).
cited Cited "see" Consolidated Edison v. U.S., Dept., Energy
Fed. Cir. · 2000 · signal: see · confidence high
See Kester v. Campbell, 652 F.2d 13, 15 (9th Cir. 1981).
cited Cited "see" Cities Of Anaheim, Riverside, Banning, Colton And Azusa, California v. Federal Energy Regulatory Commission
9th Cir. · 1984 · signal: see · confidence high
See Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981).
cited Cited "see" Cities of Anaheim, Riverside, Banning, Colton & Azusa v. Federal Energy Regulatory Commission
9th Cir. · 1984 · signal: see · confidence high
See Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981).
cited Cited "see" Fidelity Financial Corp. v. Federal Home Loan Bank
N.D. Cal. · 1983 · signal: see · confidence high
See Kester v. Campbell, 652 F.2d 13 (9th Cir. 1981).
cited Cited "see" Phelps Dodge Corporation v. Federal Mine Safety And Health Review Commission
9th Cir. · 1982 · signal: see · confidence high
See Kester v. Campbell, 652 F.2d 13, 15 (9th Cir. 1981).
cited Cited "see" Phelps Dodge Corp. v. Federal Mine Safety & Health Review Commission
9th Cir. · 1982 · signal: see · confidence high
See Kester v. Campbell, 652 F.2d 13, 15 (9th Cir. 1981).
discussed Cited "see, e.g." Matsuo v. United States
D. Haw. · 2006 · signal: see also · confidence medium
Kidwell, 56 F.3d at 284 (plaintiffs complaint must request non-monetary relief that has considerable value independent of any future potential for monetary relief); Marshall Leasing, Inc. v. U.S., 893 F.2d 1096, 1099 (9th Cir.1990); Hahn v. US., 757 F.2d 581, 590 (3d Cir.1985); see also Kester v. Campbell, 652 F.2d 13, 15 (9th Cir.1981) (“We will not construe plaintiffs’ request as one for injunctive relief when the relief sought is substantively equivalent to a request for a monetary award.”).
discussed Cited "see, e.g." Anthony M. Frank, Postmaster General v. Donald D. McQuigg (2×)
9th Cir. · 1991 · signal: see also · confidence medium
See 5 C.F.R. § 591.210 (b)(1); see also Kester v. Campbell, 652 F.2d 13, 14 (9th Cir.1981) ("employees of the federal government who are located outside the continental United States ... are entitled to a cost-of-living allowance, in addition to their base pay") (Farris, J.), cert. denied sub nom.
Retrieving the full opinion text from the archive…
Charles R. Kester, Roland D. Libby, Hazel D. Sutherland
v.
Alan K. Campbell, Director, Office of Personnel Management, Civil Service Commission of the United States of America
79-4545.
Court of Appeals for the Ninth Circuit.
Jul 27, 1981.
652 F.2d 13

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:

[*~13]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 areas are entitled to a cost-of-living allowance, in addition to their base pay. This Order specifically provided that:

3

The Civil Service Commission shall ... in fixing the Territorial cost-of-living allowance ... make appropriate deductions when quarters or subsistence, commissary or other purchasing privileges are furnished at a cost substantially lower than the prevailing local cost.

4

Exec. Order No. 10,000, § 205(b)(2), 3 C.F.R. 795 (1943-1948 Compilation) (1957) (emphasis added).[1] In 1976, the Civil Service Commission issued new regulations which effectively interpreted the phrase "are furnished" to mean furnished by any source in the federal government. See 5 C.F.R. §§ 591.201-591.310 (1976).

5

Plaintiffs filed this class action in an effort to require the Commission to restore all COLA benefits withheld as a consequence of the regulations.[2] The class is composed of Federal Civil Service employees on Oahu and Kauai, Hawaii, who are entitled to commissary and exchange privileges for reasons independent of their present federal employment, but whose COLA was reduced or eliminated as a result of the passage of the new regulations. Jurisdiction was alleged under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) (1976), the Administrative Procedure Act, 5 U.S.C. § 702 (1976), and under the general federal question jurisdiction statute, 28 U.S.C. § 1331(a) (1976). In March 1979, on cross-motions for summary judgment, the district court granted summary judgment for plaintiffs on count 1 of their amended complaint.[3] The district court held that the Commission's new regulations provided an unreasonable interpretation of the "are furnished" phrase because (1) the language of Executive Order 10,000 did not compel this construction, and (2) the new interpretation was inconsistent with that given the Executive Order historically. Kester v. Campbell, 467 F.Supp. 913, 915 (D.Hawaii.1979).

I. Jurisdiction

6

Both the nature of the plaintiffs' claim and the order entered by the district court require that we clearly determine the jurisdictional basis for this action. In the first count of their complaint, the plaintiffs alleged that the Commission exceeded its authority in promulgating the new regulations, and sought "permanent injunctive relief" against the Commission to prevent enforcement of the new regulations. The judgment entered by the district court reflected this request by ordering the Commission to issue regulations and implementing orders that would provide for restoration of any withheld COLA benefits.

[*~14]7

We agree with the plaintiffs that their claims raise a substantial federal question under 28 U.S.C. § 1331(a) (1976). But this statute neither waives the federal government's sovereign immunity to suit nor indicates the appropriate forum for adjudication of the controversy. The plaintiffs' pleadings obliquely suggest that section 702 of the Administrative Procedure Act, 5 U.S.C. § 702 (1976), provides both of these factors. We disagree. Section 702 of the APA subjects the federal government to suit in the federal courts by parties seeking "relief other than money damages and stating a claim that an agency ... failed to act ... under color of legal authority." Plaintiffs' complaint specifically sought money damages against the Commission. The order entered by the district court was phrased in terms of a mandatory injunction only to allow the district court to determine the mode and method of restoration of the COLA benefits to the plaintiffs. In substance, the plaintiffs' pleadings, reflected by the district court's order, were concerned solely with an award of damages. We will not construe plaintiffs' request as one for injunctive relief when the relief sought is substantively equivalent to a request for a monetary award. See Laguna Hermosa Corp. v. Martin, 643 F.2d 1376 at 1379 (9th Cir. 1981) (jurisdiction is not determined by relief pleaded but by "the real effort" of the complaining party) (quoting Bakersfield City School District v. Boyer, 610 F.2d 621, 628 (9th Cir. 1979)). Cf. Edelman v. Jordan, 415 U.S. 651, 668, 678, 94 S.Ct. 1347, 1358, 1363, 39 L.Ed.2d 662 (1974) (suit for injunctive and declaratory relief against state officers resulting in payment of retroactive benefits treated as suit for damages). Accordingly, section 702 does not provide jurisdiction for the plaintiffs' claims.

8

We conclude, however, that the district court had jurisdiction of the case under the Tucker Act, 28 U.S.C. § 1346(a)(2), 1491 (Supp. II 1978). The Tucker Act applies only to claims for money damages, Rowe v. United States, 633 F.2d 799, 802 (9th Cir. 1980), cert. denied, --- U.S. ----, 101 S.Ct. 2047, 68 L.Ed.2d 349 (1981), and not to suits for injunctive relief. Richardson v. Morris, 409 U.S. 464, 465-66, 93 S.Ct. 629, 630-31, 34 L.Ed.2d 647 (1973) (per curiam); International Engineering Co. v. Richardson, 512 F.2d 573, 577 & n.4 (D.C.Cir.1975), cert. denied, 423 U.S. 1048, 96 S.Ct. 774, 46 L.Ed.2d 636 (1976). For claims against the government not exceeding $10,000, the district courts have concurrent jurisdiction with the Court of Claims. 28 U.S.C. § 1346(a)(2) (Supp. II 1978). This same jurisdictional limit applies to class actions where, as here, the individual claim of each class member does not exceed $10,000.00. Pennsylvania v. National Association of Flood Insurers, 520 F.2d 11, 25 (3d Cir. 1975); March v. United States, 506 F.2d 1306, 1309 n.1 (D.C.Cir.1974).

9

II. Reasonableness of the Commission's Interpretation

10

The Commission argues that the district court erroneously evaluated the reasonableness of the Commission's regulations. We agree.

[*~15]11

In light of an agency's presumed expertise in interpreting executive orders charged to its administration, we review such agency interpretations with great deference. See Udall v. Tallman, 380 U.S. 1, 16-18, 85 S.Ct. 792, 801-802, 13 L.Ed.2d 616 (1965). Cf. United States v. Larionoff, 431 U.S. 864, 872, 97 S.Ct. 2150, 2155, 53 L.Ed.2d 48 (1977) (interpreting regulation); Knebel v. Hein, 429 U.S. 288, 294-97, 97 S.Ct. 549, 553-55, 50 L.Ed.2d 485 (1977) (interpreting legislation); Sierra Pacific Power Co. v. United States Environmental Protection Agency, 647 F.2d 60 at 66 (9th Cir. 1981) (interpreting regulations); University of Southern California v. Cost of Living Council, 472 F.2d 1065, 1068-69 (Temp.Emer.Ct.App.1972) (interpreting executive order), cert. denied, 410 U.S. 928, 93 S.Ct. 1364, 35 L.Ed.2d 590 (1973). To be sustained, the agency's interpretation need not be the only reasonable interpretation. See Udall, 380 U.S. at 16, 85 S.Ct. at 801; Northwestern Electric Co. v. FPC, 321 U.S. 119, 124, 64 S.Ct. 451, 453, 88 L.Ed. 596 (1944). All that is required is that the interpretation adopted by the agency be reasonable. Udall, 380 U.S. at 18, 85 S.Ct. at 802. The agency interpretation is considered reasonable "unless it is plainly erroneous or inconsistent with the (order)". Larionoff, 431 U.S. at 872, 97 S.Ct. at 2155; Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414, 65 S.Ct. 1215, 1217, 89 L.Ed. 1700 (1945).

12

The Commission's interpretation of Executive Order 10,000 is not inconsistent with the language or purpose of that order or plainly erroneous. See Curlott v. Hampton, 438 F.Supp. 505, 507 (D.Alas.1977), aff'd in part and rev'd in part, 598 F.2d 1175 (9th Cir. 1979). That the Executive Order mentioned no agency other than the Commission does not necessarily suggest, as the district court held, that only benefits furnished by civil service employment are to be deducted from the COLA. The language of the order is sufficiently ambiguous to permit several reasonable interpretations, including the one adopted by the Commission. Cf. Larionoff, 431 U.S. at 872, 97 S.Ct. at 2155 (ambiguities in regulations do not prevent agency interpretation from being reasonable). The interpretation adopted by the Commission does not inevitably lead to "incredible results." The Commission has not purported to broaden deductions from COLA benefits beyond those specifically mentioned in the Order. That there are other interpretations providing more favorable treatment to the plaintiffs is irrelevant in considering the reasonableness of the Commission's interpretation. See Knebel, 429 U.S. at 294-95 & n.14, 97 S.Ct. at 553-54 & n.14. Finally, the reasonableness of the Commission's interpretation is not, under the circumstances here, any less clear merely because the Commission's interpretation breaks with the Commission's historic treatment of the Order. Cf. Sierra Pacific Power Co., at 66 (agency's "interpretation of its regulations is entitled to great deference even where, as here, it has overruled or questioned its own prior interpretations"). While the Commission's prior treatment of the Order may have been more equitable to the plaintiffs, this factor does not control the reasonableness of the Commission's interpretation. Cf. District of Columbia v. John R. Thompson Co., 346 U.S. 100, 113-14, 73 S.Ct. 1007, 1014-15, 97 L.Ed. 1480 (1953) ("The failure of the executive branch to enforce a law does not result in its modification or repeal.")

13

Reversed and remanded with directions to dismiss Count I.

1

Congress codified the source of authority for Executive Order 10,000 in 5 U.S.C. § 5941 (1976)

2

The plaintiffs' COLA benefits were restored by Executive Order 12,070, effective July 30, 1978. See 5 U.S.C. § 5941 note (Supp. III 1979). Plaintiffs consequently only seek to recover COLA benefits withheld from Dec. 5, 1976, to July 30, 1978. Kester v. Campbell, 467 F.Supp. 913, 914 n.1 (D.Hawaii.1979)

3

Plaintiffs alleged eight separate theories or bases of recovery in their amended complaint. Although three of these were relevant to the cross-motions for summary judgment, the district court addressed and resolved the issue on only one of plaintiffs' theories. See Kester, 467 F.Supp. 914 & n.4