MEMORANDUM AND ORDER
PETTINE, Senior District Judge.
The present case is before this court on remand from the United States Court of Appeals for the First Circuit. On appeal the First Circuit found itself "lacking sufficient facts to make a reasoned decision." Farland v. T & T Fishing Group, No. 86-1123, slip op. at 2 (1st Cir. November 12, 1986) [868 F.2d 1513]. While the First Circuit found no error in this district court's holding,
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