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CULLEN v. U.S.

Docket No. 98-2329.

194 F.3d 401 (1999)

Bernard CULLEN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 22, 1999.

Attorney(s) appearing for the Case

Cheryl J. Sturm, Westtown, Pa., for plaintiff-appellant.

Gregory L. Waples, Asst. U.S. Atty., Burlington, VT. (Charles T. Tetzlaff, U.S. Atty., David V. Kirby, Crim. Div., Burlington, VT., on the brief), for appellee.

Before: NEWMAN, CARDAMONE, and JACOBS, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal primarily presents the issue of whether a district judge, considering a report and recommendation of a magistrate judge who observed a witness and credited the witness's key testimony, may reject that testimony on credibility grounds without holding a hearing and assessing the witness's credibility. Bernard Cullen appeals from the March 25, 1998, order of the United States District Court for the District of Vermont (J. Garvan...

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