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DOMAINGUE v. BUTTERWORTH

No. 80-1415.

641 F.2d 8 (1981)

James E. DOMAINGUE, Petitioner, Appellant, v. Fred BUTTERWORTH et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided February 12, 1981.

Attorney(s) appearing for the Case

Gary S. Pfisterer, Springfield, Mass., by appointment of the Court, on brief for petitioner, appellant.

Francis X. Bellotti, Atty. Gen., Barbara A. H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Division, and Harvey A. Schwartz, Asst. Atty. Gen., Boston, Mass., Criminal Bureau, on brief for respondents, appellees.

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

BOWNES, Circuit Judge.

In 1977, James Domaingue was convicted and sentenced to state prison on two indictments for assault and battery with a dangerous weapon, charges that stemmed from a barroom altercation in western Massachusetts. The sole issue presented by this appeal is whether the district court erred in dismissing Domaingue's petition for a writ of habeas corpus, 28 U.S.C. § 2254, without holding an evidentiary hearing on his claim that he had received...

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