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FISHER v. SCAFATI

No. 7705.

439 F.2d 307 (1971)

Ronald FISHER, Petitioner, Appellee, v. Palmer C. SCAFATI, etc., Respondent, Appellant.

United States Court of Appeals, First Circuit.

March 4, 1971.

Attorney(s) appearing for the Case

Leonard E. Gibbons, Asst.Dist.Atty., Western District, with whom Matthew J. Ryan, Jr., Dist.Atty., Western District, was on the brief, for appellant.

Richard J. Rubin, New York City, with whom Gainsburg, Gottlieb, Levitan & Cole, New York City, was on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

We face the unpleasant task of deciding whether a state trial court's findings, subsequently affirmed, Commonwealth v. Fisher, 1968, 354 Mass. 549, 238 N.E.2d 525, that a defendant was given timely and complete Miranda warnings1 were properly disregarded by the district court on a petition for habeas corpus, and the further question whether...

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