[NOT FOR PUBLICATION]



                            United States Court of Appeals

                                For the First Circuit

                                 ____________________



          No. 96-2361



                                   JERRY SANDSTROM,



                                Plaintiff - Appellant,



                                          v.



                              UNITED STATES OF AMERICA,



                                Defendant - Appellee.



                                 ____________________



                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                     [Hon. Nancy J. Gertner, U.S. District Judge]
                                             ___________________



                                 ____________________



                                        Before



                               Torruella, Chief Judge,
                                          ___________



                            Bownes, Senior Circuit Judge,
                                    ____________________



                              and Stahl, Circuit Judge. 
                                         _____________



                                _____________________



               Elizabeth McDonough Noonan,  with whom Peter  Lawson Kennedy
               __________________________             _____________________

          and  Adler  Pollock  & Sheehan  Incorporated  were  on brief  for
               _______________________________________

          appellant.

               Mary  Elizabeth Carmody,  Assistant United  States Attorney,
               _______________________

          Senior  Litigation Counsel,  with  whom Donald  K. Stern,  United
                                                  ________________

          States Attorney, was on brief for appellee.







                                 ____________________



                                    April 24, 1997

                                 ____________________

































                    Per Curiam.  Upon  consideration of the record, briefs,
                    Per Curiam.
                    __________



          and argument  of counsel, the  district court's judgment  and its



          denial of appellant's motion for a new trial are affirmed.
                                                           affirmed
                                                           ________



                    Costs on appeal are awarded to appellee.
                    Costs on appeal are awarded to appellee.
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