Tunnicliff v. Moriarty

Case Date: 09/25/1997
Court: United States Court of Appeals
Docket No: 97-1390



[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 97-1390
PAUL W. TUNNICLIFF,

Appellant,

v.

DENIS MORIARTY, JR.,

Appellee.

____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Michael A. Ponsor, U.S. District Judge]

____________________

Before

Selya, Boudin and Stahl,
Circuit Judges.

____________________

Philip M. Stone on brief for appellant.
Paul M. Cranston and Cranston & Cranston, P.C. on brief for
appellee.
____________________

September 25, 1997
____________________

Per Curiam . We have carefully reviewed the parties'

briefs and the record on appeal. We affirm on grounds that

appellee Moriarty neither wilfully violated the stay nor caused

appellant Tunnicliff's injuries.

Affirmed. Loc. R. 27.1.






The request in Appellee's brief for costs is denied
insofar as it arises under Fed. R. App. P. 38. Appellee may be
awarded costs under Fed. R. App. P. 39 by complying with the
procedures stated therein.

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