Bradley v. Mandel

WINTER, Circuit Judge:

This case is before us again on remand from the Supreme Court of the United States. Mandel v. Bradley, 432 U.S. 173, 97 S.Ct. 2238, 53 L.Ed.2d 199 (1977). The Supreme Court construed our previous unreported opinion as placing excessive reliance on the summary affirmance in Tucker v. Salera, 424 U.S. 959, 96 S.Ct. 1451, 47 L.Ed.2d 727 (1976), affirming, 399 F.Supp. 1258 (E.D.Pa.1975), ruling that summary affirmance is an affirmance of the judgment only and not necessarily of the rationale of decision of the court, the judgment of which is summarily affirmed. Accordingly,…