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McINTYRE EX REL. ESTATE OF McINTYRE v. U.S.

Nos. 07-1663, 07-1664.

545 F.3d 27 (2008)

Emily McINTYRE, as Administrator of the ESTATE OF John L. McINTYRE; Christopher McIntyre, in His Capacity as Co-Administrator of the Estate of John L. McIntrye, Plaintiffs, Appellees/Cross-Appellants, v. UNITED STATES of America, Defendant, Appellant/Cross-Appellee, H. Paul Rico; John Morris; John J. Connolly, Jr.; Roderick Kennedy; Robert R. Fitzpatrick; James Ring; James W. Greenleaf; James Ahearn; Kevin J. Weeks; James J. Bulger; Stephen J. Flemmi; John Doe Number 1-50; Federal Bureau of Investigation; Lawrence Sarhatt; John V. Martorano; Richard F. Bates; Joseph Yablonsky; James F. Scanlon; Dennis F. Creedon; Thomas J. Daly, Defendants.

United States Court of Appeals, First Circuit.

Decided October 16, 2008.

Attorney(s) appearing for the Case

Thomas M. Bondy, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jonathan F. Cohn, Deputy Assistant Attorney General, Steven I. Frank and Jonathan H. Levy, Attorneys, Appellate Staff, Civil Division, U.S. Department of Justice, were on brief, for appellant/cross-appellee.

William E. Christie, with whom Steven M. Gordon and Shaheen & Gordon, P.A., were on brief, for appellees/cross-appellants.

Before LIPEZ and HOWARD, Circuit Judges, and BESOSA, District Judge.

LIPEZ, Circuit Judge.

This case is another chapter in the saga of the relationship between the FBI's Boston Office and two organized crime figures, James "Whitey" Bulger and Stephen Flemmi, whose unlawful, violent conduct in that city spanned three decades. Following an eighteen-day bench trial featuring nine witnesses and thousands of pages of exhibits, the district court concluded that former FBI agent John Connolly was acting within the scope of his employment...

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