No. 74-1239.

514 F.2d 362 (1975)

John B. CICCHETTI, Plaintiff-Appellee, v. David J. LUCEY, Registrar of Motor Vehicles, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided April 16, 1975.

Attorney(s) appearing for the Case

Joseph A. Grasso, Jr., Deputy Asst. Atty. Gen. with whom Robert H. Quinn, Atty. Gen. and Walter H. Mayo, III, Asst. Atty. Gen., Boston, Mass., were on brief, for defendant-appellant.

Robert W. Hagopian, Wrentham, Mass., for plaintiff-appellee.

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

McENTEE, Circuit Judge.

The maturation of this action began on April 23, 1973, when a Boston policeman cited plaintiff John Cicchetti for a motor vehicle violation. Subsequently a summons issued commanding Cicchetti to appear before the Roxbury Municipal Court on July 6, 1973. He appeared as ordered, but the case was continued for a week because the complaining policeman was absent. On July 13 the case was tried and Cicchetti was found not guilty. On both occasions...

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