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O'SHEA v. CITY OF SAN FRANCISCO

No. 91-15120.

966 F.2d 503 (1992)

John P. O'SHEA, San Francisco Firefighter; Matthew Plescia; Daniel A. Sullivan; James R. Hentz; Ronald J. Van Pool; Michael C. Papera; Patrick M. Skain, Plaintiffs-Appellants, v. CITY OF SAN FRANCISCO; San Francisco Fire Department; San Francisco Civil Service Commission; Art Agnos, Mayor of the City and County of San Francisco, Defendants-Appellees, and San Francisco Black Firefighters Association; Chinese for Affirmative Action, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1992.

Attorney(s) appearing for the Case

Robert Ernest Gyemant, Dennis A. Babbits, San Francisco, Cal., for plaintiffs-appellants.

George A. Riley, Arthur Greenberg and Christina Hall, Deputy City Attys., San Francisco, Cal., for defendants-appellees.

William C. McNeill, III, Employment Law Center, Eva Jefferson Paterson, Michael Harris, San Francisco Lawyers' Committee for Urban Affairs, Denise M. Hulett, Antonia Hernandez, Mexican-American Legal Defense & Educational Fund, Maria Blanco, Equal Rights Advocates, San Francisco, Cal., Mari Mayeda, Saperstein, Seligman, Mayeda & Larkin, Oakland, Cal., for intervenors.

Before: WISDOM, BEEZER and TROTT, Circuit Judges.

BEEZER, Circuit Judge:

Plutarch, the great biographer, recounts the battle between the foot soldiers of Pyrrhus, king of Epirus, and the Romans at Asculum in 280 B.C. Six thousand Romans were felled that day. Pyrrhus lost three thousand of his own troops. According to Plutarch, when advised that he had won the battle, Pyrrhus reportedly replied in so many words: "Another such victory and I am undone."1 In this case, history will recount...

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