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LAYNE v. VINZANT

Nos. 80-1152, 80-1244.

657 F.2d 468 (1981)

Robert M. LAYNE, Plaintiff, Appellee, v. Douglas VINZANT, Frank Hall and Charles Gaughan, Defendants, Appellants. Robert M. LAYNE, Plaintiff, Appellant, v. Douglas VINZANT et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 31, 1981.

Rehearing and Rehearing Denied September 23, 1981.

Attorney(s) appearing for the Case

Jonathan Shapiro, Boston, Mass., with whom Anne B. Goldstein and Stern & Shapiro, Boston, Mass., were on brief, for Robert M. Layne.

James Remeika, Counsel, Dept. of Correction, Boston, Mass., with whom Michael C. Donahue, Sp. Asst. Atty. Gen., Boston, Mass., was on brief, for Douglas Vinzant.

Roberta Thomas Brown, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau, Boston, Mass., were on brief, for Frank Hall and Charles Gaughan.

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

Rehearing and Rehearing En Banc Denied September 23, 1981.

ALDRICH, Senior Circuit Judge.

These are cross appeals following a jury trial of a Civil Rights action, 42 U.S.C. § 1983. Plaintiff, Robert M. Layne, is a Massachusetts prisoner serving a sentence for kidnapping and for the shooting of two state policemen for which he will not be eligible for parole for some time. The now remaining defendants1 are Charles W. Gaughan...

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