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LYDON v. JUSTICES OF BOSTON MUNICIPAL COURT

Civ. A. No. 81-2311-G.

536 F.Supp. 647 (1982)

Michael LYDON, Plaintiff, v. The JUSTICES OF the BOSTON MUNICIPAL COURT, et al., Defendants.

United States District Court, D. Massachusetts.

April 13, 1982.

Attorney(s) appearing for the Case

David Rossman, Boston, Mass., for plaintiff.

Barbara A. H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Division, Boston, Mass., for defendants.

MEMORANDUM AND ORDER ON HABEAS CORPUS PETITION

GARRITY, District Judge.

Petitioner Michael Lydon seeks a writ of habeas corpus to prevent Massachusetts from trying him a second time pursuant to its two-tier trial system. Petitioner contends that a second trial under the circumstances of his case would violate the double jeopardy clause of the federal constitution. Respondents have moved to dismiss on the grounds that the court lacks jurisdiction, that petitioner...

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