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BENSON v. SUPERIOR COURT, ETC.

Civ. A. No. 81-101-G.

507 F.Supp. 975 (1981)

Albert B. BENSON et al., Petitioners, v. SUPERIOR COURT DEPARTMENT OF the TRIAL COURT OF MASSACHUSETTS et al., Respondents.

United States District Court, D. Massachusetts.

February 26, 1981.

Attorney(s) appearing for the Case

Jordan Ring, Ring & Rudnick, Murray Reiser, Reiser & Rosenberg, Boston, Mass., for petitioners.

John J. Bonistalli, Asst. Atty. Gen., Boston, Mass., for respondents.

MEMORANDUM OF DECISION

GARRITY, District Judge.

The petitioners, Albert B. Benson and Viktor E. Benson, seek a writ of habeas corpus under 28 U.S.C. §§ 2241 and 2254 and seek declaratory and injunctive relief under 42 U.S.C. § 1983. The essential allegation of the petition is that a state court criminal indictment, No. 024292, for conspiracy to commit arson, would violate their constitutional rights embodied in the double jeopardy clause of...

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