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Anna M. Litif, Individually, and In Her Capacity As Administratrix of v. United States of America

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Before Boudin, Howard and Thompson, Circuit Judges.

The United States seeks review of a judgment awarding $1.15 million to the family and the estate of Louis Litif (“the Litif estate”), resulting from Litif’s murder by James “Whitey” Bulger in 1980. Litif v. United States, 682 F. Supp. 2d 60 (D. Mass. 2010). The Litif estate cross-appeals, seeking an increase in the damage award. This case, like its companion case decided by us today (“Davis-Hussey”) and others already decided,*fn1 stems from FBI agents’ sheltering of Bulger and his associate Stephen Flemmi over several decades.

In the 1970s, Louis Litif worked as a bookmaker in the Boston area and was involved with Bulger’s Winter Hill gang. In September 1979, Litif was charged with murder in the death of James Matera. While out on bail, Litif secretly offered to cooperate with the Boston police, in exchange for leniency, in the investigation of an ongoing drug conspiracy involving Bulger and his gang. In March or April of 1980, Litif’s attorney, Kevin Curry, met with Boston Police Detective Edward Walsh to discuss this offer. The meeting was also attended by FBI agent John Connolly.

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