[NOT FOR PUBLICATION]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.
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