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GRAYSON v. MONTGOMERY

No. 7406.

421 F.2d 1306 (1970)

Glen GRAYSON, by his next of friend John Grayson, Plaintiff, Appellant, v. Kessler MONTGOMERY et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 12, 1970.

Attorney(s) appearing for the Case

Michael L. Altman, Boston, Mass., with whom Richard A. Glickstein, Boston, Mass., and Lois Schiffer were on brief, for plaintiff-appellant.

Lawrence P. Cohen, Deputy Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and John Wall, Asst. Atty. Gen., Chief, Criminal Division, were on brief, for defendants-appellees.

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

COFFIN, Circuit Judge.

After misdemeanor convictions in a Massachusetts state court, plaintiff Grayson sought equitable relief in federal district court under the Civil Rights Act, 42 U.S.C. § 1983. Named as defendants were the clerk and judges of Roxbury District Court, who had allegedly coerced plaintiff into waiving the right to appeal his convictions. The court below held an evidentiary hearing, but concluded that plaintiff's suit was in essence a petition...

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