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McCLOSKEY v. MUELLER

No. 05-2690.

446 F.3d 262 (2006)

Thomas S. McCLOSKEY and Kevin P. McCloskey, As Co-Administrators of the Estate of Philip McCloskey, Plaintiffs, Appellants, v. Robert S. MUELLER III, In His Capacity as Director of the Federal Bureau of Investigation, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 16, 2006.

Attorney(s) appearing for the Case

Kevin J. Reddington, for appellants.

Carol L. Shea, Special Assistant United States Attorney (Chief, Civil Division, District of Vermont), with whom David V. Kirby, United States Attorney (District of Vermont), was on brief, for federal appellees.

Gary Lee Sampson, on brief pro se ipso.

Before SELYA and LIPEZ, Circuit Judges, and SAYLOR, District Judge.

SELYA, Circuit Judge.

This appeal arises out of a tragic series of events that culminated in the murder of Philip McCloskey. The co-administrators of the victim's estate sought damages from both the federal government and the murderer, Gary Lee Sampson. The district court dismissed their action. See McCloskey v. Mueller, 385 F.Supp.2d 74, 88 (D.Mass.2005). Because there is no principled way that the frontiers of tort...

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