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GIBSON v. BUTTERWORTH

Civ. A. No. 79-1834-S.

542 F.Supp. 6 (1982)

Warren A. GIBSON, Petitioner, v. Fred BUTTERWORTH and Larry Meachum, Respondents.

United States District Court, D. Massachusetts.

January 26, 1982.

Attorney(s) appearing for the Case

Martin C. Gideonse, Cambridge, Mass., for petitioner.

Linda Katz, Asst. Atty. Gen., Boston, Mass., for respondents.

MEMORANDUM AND ORDER

SKINNER, District Judge.

In this petition for a writ of habeas corpus, petitioner seeks to challenge the constitutionality of portions of the jury instructions used at his trial. Respondents have filed a motion to dismiss and petitioner has moved for summary judgment. For the reasons which follow, respondents' motion to dismiss is ALLOWED.

Petitioner was convicted of first degree murder on April 17, 1974, following a trial by...

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