Brinkman v. Gilligan

FINDINGS OF FACT AND CONCLUSIONS OF LAW

CARL B. RUBIN, District Judge.

I

INTRODUCTION

This matter is once again before the Court pursuant to the mandate of the Supreme Court of the United States. The nature of that mandate is such that although five years and four appeals have intervened, all evidence presented must be reexamined in light of a standard enunciated by the Supreme Court, and plaintiffs’ cause of action must be reconsidered ab initio.

In accordance with instructions of the Supreme Court 1 an evidentiary hearing commenced November 1, 1977. Plaintiffs were given an opportunity to…