[NOT FOR PUBLICATION]



                            United States Court of Appeals

                                For the First Circuit



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          No. 95-2347



                                   WILLIAM BENNETT,



                                Plaintiff - Appellant,



                                          v.



                                   PETER O'MALLEY,



                                Defendant - Appellee.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



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



                                        Before



                               Torruella, Chief Judge,
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                              Cyr, Senior Circuit Judge,
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                              and Stahl, Circuit Judge.
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                                _____________________



               Valeriano Diviacchi,  with whom Diviacchi Law  Office was on
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          brief for appellant.

               Ronald  Kovner, with  whom  Christopher J.  Muse and  Merita
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          Hopkins were on brief for appellee.
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                                 ____________________



                                    June 18, 1997

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