The family of a Border Patrol who died in a 2010 firefight near the Arizona-Mexico border is appealing a ruling that dismissed federal employees from the family's lawsuit over the botched Fast and Furious gun-smuggling investigation.

A judge in November dismissed a prosecutor and six Alcohol, Tobacco, Firearms and Explosives employees from the lawsuit by Agent Brian Terry's family.

Terry was killed in a firefight with armed men who had sneaked into the country to rob marijuana smugglers.

His death revealed the Fast and Furious investigation.

Two rifles bought by a gun-smuggling ring that was being monitored through the investigation were found at the shooting scene.

Authorities faced criticism for allowing suspected straw gun buyers to walk away from shops with weapons, rather than arrest suspects and seize guns there.