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U.S. v. ONE-SIXTH SHARE LOTTERY TICKET NO. M246233

Nos. 02-1510, 02-1557, 02-1651.

326 F.3d 36 (2003)

UNITED STATES, Plaintiff, Appellee, v. ONE-SIXTH SHARE OF JAMES J. BULGER IN ALL PRESENT AND FUTURE PROCEEDS OF MASS MILLIONS LOTTERY TICKET NO. M246233, Registered in the Name of Michael Linskey, Defendant. Olga Davis; Marion Hussey; John P. Bulger, Claimants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 14, 2003.

Attorney(s) appearing for the Case

Robert S. Sinsheimer, with whom Sinsheimer & Associates was on the brief, for appellant Olga Davis.

Ann M. Donovan, with whom Law Office of Ann M. Donovan was on the brief, for appellant Marion Hussey.

George F. Gormley, with whom Christie M. Charles and George F. Gormley, P.C. were on brief, for appellant John P. Bulger.

Richard L. Hoffman, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on the brief, for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Three individuals moved to intervene in a long-closed civil forfeiture action. They sought to assert claims to a one-sixth share of a $14.3 million winning state lottery ticket, still in payout, which had belonged to James "Whitey" Bulger. Two of the claimants, Olga Davis and Marion Hussey, are mothers of young women whom Whitey Bulger allegedly murdered in the 1980s; the other is one of his brothers, John Bulger.

In 1995, Whitey Bulger...

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