EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Appellant, v. Frank J. TRABUCCO, Et Al., Defendants, Appellees

COFFIN, Circuit Judge.

The question on this appeal is whether the principle of stare decisis forecloses re-determination 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 deci-sis still applies and, on this record, forecloses redetermination.

This case, brought by the Equal Employment Opportunity Commission (EEOC) against the Commonwealth of Massachusetts, its Commissioner of Public Safety and its Board of Retirement, challenges the Massachusetts statutory…