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BURHOE v. BYRNE

Civ. A. No. 68-540.

289 F.Supp. 408 (1968)

Arthur F. BURHOE, Plaintiff, v. Garrett BYRNE, as he is District Attorney for the Suffolk District of the Commonwealth of Massachusetts, Defendant.

United States District Court D. Massachusetts.

September 6, 1968.

Attorney(s) appearing for the Case

David Berman, Zamparelli & White, Medford, Mass., for plaintiff.

Howard M. Miller, Asst. Atty. Gen., Boston, Mass., for defendant.

MEMORANDUM AND ORDER

JULIAN, District Judge.

This is a civil action in which plaintiff requests that a three-judge district court be empanelled. 28 U.S.C. §§ 2281, 2284. Plaintiff seeks both an interlocutory and a permanent injunction restraining defendant from prosecuting plaintiff under a criminal indictment now pending in Suffolk County Superior Court. The gist of the complaint is the contention that such a prosecution would constitute double...

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