[NOT FOR PUBLICATION]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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