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VÉLEZ-DÍAZ v. U.S.

No. 06-2537.

507 F.3d 717 (2007)

Antonio VÉLEZ-DÍAZ, et al., Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 23, 2007.

Attorney(s) appearing for the Case

María H. Sandoval with whom Frank Inserni-Milam and Luis Mellado-González were on brief for appellants.

Anthony A. Yang, Appellate Staff, Civil Division, Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Rosa E. Rodríguez-Vélez, United States Attorney, and Robert S. Greenspan, Appellate Staff, Civil Division, Department of Justice, were on brief for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

BOUDIN, Chief Judge.

This is an appeal from the district court's dismissal of a case under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346 (2000), arising out of the death of Antonio Velez-Garcia. Velez, arrested for drug possession in January 2003, agreed to serve as an undercover FBI cooperating witness. He was murdered by a gang member in March 2003 while assisting the FBI in a sting operation directed against gang-related drug trafficking in Puerto...

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