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PRESTON v. SEAY

No. 82-1035.

684 F.2d 172 (1982)

Stephen A. PRESTON, Plaintiff, Appellant, v. John SEAY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 29, 1982.

Attorney(s) appearing for the Case

J. W. Carney, Jr., Boston, Mass., for plaintiff, appellant.

Alexander G. Gray, Jr., Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for defendants, appellees.

Before CAMPBELL and BREYER, Circuit Judges, and PETTINE, District Judge.

PER CURIAM.

Stephen Preston appeals from the district court's denial of his petition for habeas corpus. At issue is the constitutionality of Mass.Gen.Laws ch. 278, § 24, which, as applied, has resulted in a deemed waiver of petitioner's right to a jury trial because of his "solid default" of appearance. See Commonwealth v. Preston, 1980, ___ Mass. ___, Mass.App.Ct.Adv.Sh. 2137, 413 N.E...

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