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E.E.O.C. v. TRABUCCO

No. 85-1997.

791 F.2d 1 (1986)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Appellant, v. Frank J. TRABUCCO, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 14, 1986.

Attorney(s) appearing for the Case

Stephen P. O'Rourke with whom Johnny J. Butler, General Counsel (Acting), Gwendolyn Young Reams, Associate General Counsel (Acting), and Vincent Blackwood, Asst. Gen. Counsel, Washington, D.C., were on brief, for plaintiff, appellant.

H. Reed Witherby, Asst. Atty. Gen., Government Bureau, with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, ALDRICH and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

The question on this appeal is whether the principle of stare decisis forecloses redetermination of an issue raised, considered, and decided in a prior case where the presentation of evidence has been "one-sided", with no proffer of rebuttal expert testimony. Our answer is that stare decisis still applies and, on this record, forecloses redetermination.

This case, brought by the Equal Employment Opportunity Commission ...

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