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Paul Rugo '55 yesterday won his fight for a separate preliminary hearing on whether a complaint should be issued against him on a charge of assault and battery.
Rugo's attorney, Edward A. Counihan III, said that the hearing is set for this Friday morning in the clerk's office of the East Cambridge District Court.
The complainant against Rugo is patrolman William Story, one of the four officers who helped put Rugo in the patrol wagon when he was arrested during the riot. Story said the student, who was with a date at the time, violently resisted arrest.
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