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PALLADINO v. McBRINE

Misc. Civ. No. 70-7-J.

310 F.Supp. 308 (1970)

Joseph N. PALLADINO, Sr., Petitioner, v. Joseph V. McBRINE, Commissioner of Penal Institutions, for the City of Boston, Respondent.

United States District Court, D. Massachusetts.

March 6, 1970.

Attorney(s) appearing for the Case

Harold Price Fahringer, Jr., Buffalo, N. Y., John A. Pino, Boston, Mass., for petitioner.

Robert H. Quinn, Atty. Gen., Lawrence P. Cohen, Asst. Atty. Gen., Boston, Mass., for respondent.

OPINION

JULIAN, District Judge.

Joseph N. Palladino, Sr., who is presently serving a three-month sentence imposed by the Massachusetts courts, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 seeking to overturn his convictions for selling and for having in his possession for the purpose of sale certain obscene magazines in violation of Mass.G.L. c. 272, § 28A.

Petitioner...

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