State Street Bank v. Brockrim, Inc. ( 1996 )

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            United States Court of Appeals

                                For the First Circuit



                                 ____________________



          No. 95-2347



                                   WILLIAM BENNETT,



                                Plaintiff - Appellant,



                                          v.



                                   PETER O'MALLEY,



                                Defendant - Appellee.



                                 ____________________



                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                     [Hon. William G. Young, U.S. District Judge]
___________________



                                 ____________________



                                        Before



                               Torruella, Chief Judge,
___________



                              Cyr, Senior Circuit Judge,
____________________



                              and Stahl, Circuit Judge.
_____________



                                _____________________



               Valeriano Diviacchi,  with whom Diviacchi Law  Office was on
___________________             _____________________

          brief for appellant.

               Ronald  Kovner, with  whom  Christopher J.  Muse and  Merita
______________              ____________________      ______

          Hopkins were on brief for appellee.
_______







                                 ____________________



                                    June 18, 1997

                                 ____________________

































                    Per  Curiam.   Upon full  consideration of  the record,
Per  Curiam.
___________



          briefs and argument  of counsel,  we affirm the  decision of  the



          district court on the basis of  its rulings on October 24 and 25,



          1995, on Defendant's Motion for Judgment as a Matter of Law.



                    We believe  that appellant's contentions  on appeal are



          completely without merit.  Because we find this to be a frivolous



          appeal, we order  appellant's counsel  to show  cause within  ten



          days  of  the  issuance of  this  opinion  why  double costs  and



          attorney's fees  on appeal  should not  be assessed  against him.



          See Fed. R. App. P. 38; 28 U.S.C.   1927.
___



                    Affirmed.
________

































































                                         -2-