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BENOIT v. GARDNER

No. 6541.

351 F.2d 846 (1965)

Leo F. BENOIT, Plaintiff, Appellant, v. Alfred GARDNER et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

Decided October 29, 1965.

Attorney(s) appearing for the Case

James W. Kelleher, Boston, Mass., with whom William C. Madden, Boston, Mass., was on brief, for appellant.

Calvin P. Bartlett, Special Asst. Atty. Gen., for the Commonwealth of Massachusetts, with whom Donald N. Sweeney, Boston, Mass., was on brief, for appellees.

Before ALDRICH, Chief Judge, J. WARREN MADDEN, Judge of the Court of Claims, and JULIAN, District Judge.

ALDRICH, Chief Judge.

This is an appeal by a plaintiff from the judgment of a single judge of the district court denying a prayer that he request the chief judge of the circuit to designate a three-judge district court, 28 U.S.C. § 2284, and dismissing the complaint on the merits. The complaint alleges that plaintiff had been a public official of the Commonwealth of Massachusetts for a number of years; that in connection with its investigation of corrupt practices...

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