Mark G. Levitoff v. Mike Espy, Secretary, United States Department of Agriculture

74 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark G. LEVITOFF, et al., Plaintiffs-Appellants, v. Mike ESPY, Secretary, United States Department of Agriculture, Defendant-Appellee. No. 94-15169. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1995. Decided Jan. 16, 1996. Before: GOODWIN, POOLE, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Appellants Mark Levitoff, et al., a class of male employees of the United States Forest Service, appeal the district court's dismissal of their Title VII action against the Secretary of the Department of Agriculture. The original suit, brought under 42 U.S.C. Sec. 2000 (e), alleged that a consent decree which aided female Forest Service employees in another action, Bernardi v. Yeutter, Civ.Action No. 73-1110 SC (N.D.Cal.), resulted in discrimination against male employees. We affirm in part and reverse in part. I. 3 This case is inextricably linked to Bernardi. That case commenced in 1973,…