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McINTYRE v. U.S.

Nos. 03-1791, 03-1823.

367 F.3d 38 (2004)

Emily McINTYRE, as Administrator of the Estate of John L. McIntyre; Christopher McIntyre, as Co-administrator of the Estate of John L. McIntyre, Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee, H. Paul Rico; John Morris; John J. Connolly; Roderick Kennedy; Robert Fitzpatrick; James Ring; James Greenleaf; James Ahearn; Kevin J. Weeks; James J. Bulger; Stephen Flemmi; John Does, Nos. 1-50, Defendants. Lawrence A. Wheeler, Individually and as Special Administrator of the Estate of Roger M. Wheeler; Patricia J. Wheeler, Individually and as Special Administratrix of the Estate of Roger M. Wheeler; Pamela (Wheeler) Norberg; David B. Wheeler; Mark K. Wheeler, Plaintiffs, Appellants, v. United States of America, Defendant, Appellee, John J. Connolly, Jr.; John M. Morris; H. Paul Rico; Robert Fitzpatrick; James A. Ring; James Greenleaf; James Ahearn; James J. Bulger, a/k/a Whitey; Stephen J. Flemmi, a/k/a The Rifleman; John V. Martorano; John Does, Nos. 1-50, Defendants.

United States Court of Appeals, First Circuit.

Decided May 10, 2004.

Attorney(s) appearing for the Case

William E. Christie, with whom Steven M. Gordon and Shaheen & Gordon, P.A. were on brief, for appellants Emily McIntyre and Christopher McIntyre.

Richard A. Olderman, Attorney, Appellate Staff, with whom Robert S. Greenspan, Attorney, Appellate Staff, Peter D. Keisler, Assistant Attorney General, and Michael J. Sullivan, United States Attorney, were on brief, for appellee United States in the McIntyre case.

Frank A. Libby, Jr., with whom Douglas S. Brooks and Kelly, Libby & Hoopes, P.C. were on brief, for appellants Lawrence A. Wheeler, Patricia J. Wheeler, Pamela (Wheeler) Norberg, David B. Wheeler, and Mark K. Wheeler.

Richard A. Olderman, Attorney, Appellate Staff, with whom Robert S. Greenspan, Attorney, Appellate Staff, Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, and Jeffrey S. Bucholtz, Deputy Assistant Attorney General, were on brief, for appellee United States in the Wheeler case.

Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

These two cases involve claims against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq., arising out of alleged wrongful actions of FBI agents.

On September 15, 1999, a diligent federal trial judge sitting in an organized crime case issued a lengthy opinion outlining a possible pattern of corruption involving at least two FBI agents, John Connolly and his supervisor John Morris, and two...

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