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ALLEN v. MOORE

Nos. 71-1133, 71-1213.

453 F.2d 970 (1972)

Fred B. ALLEN, Petitioner, Appellant, v. Robert MOORE, Superintendent, etc., Respondent, Appellee. Richard W. BALUKONIS, Petitioner, Appellant, v. Daniel A. O'BRIEN, Superintendent, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 10, 1972.

Attorney(s) appearing for the Case

Wilbur A. Hyatt, Lawrence, Mass., for Richard W. Balukonis, appellant.

Joel R. Labell, Lawrence, Mass., by appointment of the Court, for Fred Allen, appellant.

Edward W. Kirk, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Div., were on brief, for appellees.

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

ALDRICH, Chief Judge.

Petitioners Allen and Balukonis, after being found guilty by a jury in the Massachusetts Superior Court of armed bank robbery, had their convictions affirmed on appeal. Commonwealth v. Balukonis, 1970 Mass. A.S. 1043, 260 N.E.2d 167. A principal point raised on that appeal, and the only one advanced in their subsequent habeas petitions, was that the identifying witnesses had been so infected by improper police...

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