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GRACE v. BUTTERWORTH

No. 79-1422.

635 F.2d 1 (1980)

Frank GRACE et al., Petitioners, Appellants, v. Fred BUTTERWORTH, etc., et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided February 5, 1980.

On Rehearing April 7, 1980.

Decided June 27, 1980.

Opinion December 31, 1980.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., Boston, Mass., with whom Robert A. Sherman, Boston, Mass., was on brief, for petitioners, appellants.

Robert V. Greco, Barbara A. H. Smith, Asst. Attys. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Crim. Bureau, Boston, Mass., were on brief, for respondents, appellees.

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

Opinion after Submission of Case to State Court December 31, 1980.

COFFIN, Chief Judge.

Appellants, Frank and Ross Grace, were tried together in 1974 in Massachusetts Superior Court for the murder of Marvin Morgan. The government's case depended largely on the testimony of two eyewitnesses who identified the Graces as the victim's assailants. The appellants each proffered an alibi defense.1

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