THE family of a County Donegal teenager murdered by loyalists has launched a legal action against the British security force members who helped the killers.
Henry Cunningham, 16, from Carndonagh, was killed in August 1973 when UVF gunmen ambushed the van he was travelling home from work in.
Henry's brothers were also in the van but were not seriously hurt.
In 2008, an Historical Enquiries Team (HET) report said that one of the guns used was stolen from a UDR base.
A spokesperson for the Ministry of Defence said: "The MOD will continue to cooperate fully with all judicial processes."
Speaking to BBC Radio Foyle, Herbert Cunningham described the moment when they were attacked.
"I saw the three boys on the flyover. I can still see them yet. They were sitting up on the railing of the flyover firing at me.
"I didn't know what it was. They burst tyres and I was shouting to the boys in the van, I thought they were all dead."
Herbert said that by the time he realised his brother had been shot, it was too late to seek help.
"Henry says to me "I'm hit" and he just slumped over. That's all he said. I went on almost three miles with busted wheels until I couldn't go no further.
"We were afraid they were coming after us. We didn't know what was happening."
Robert Cunningham said their case against the MoD is about justice.
"This is not about money, this is justice we're looking for and we know we didn't get it at the time."
The HET report found evidence of collusion between loyalists and the security forces in the raid on the base.
Both murder weapons were recovered by the RUC in separate incidents in 1974, but despite being linked to a number of unsolved serious crimes, they were later destroyed.
The report also said that declassified documents noted that "there were high level concerns regarding RUC elements 'too close to the UVF' and 'too ready to hand over information', and worries that loyalist extremists had heavily infiltrated the UDR."
It concluded that Henry Cunningham, other members of his family and work colleagues, were "specifically targeted as a group by the UVF in a pre-planned attack on 9 August 1973"..
It said they were all incorrectly identified as Catholics working in the construction industry.
The teenager was a front-seat passenger in a Bedford van driving from Belfast to Co Donegal when gunmen on a motorway bridge opened fire, killing Henry. His older brother, Herbert, who was injured in the attack, was driving and his brother Robert was sitting behind with three other work colleagues.
The UVF killers are thought to have suspected the six men in the van, who had been working on a building site in Glengormley on the outskirts of Belfast, were all Catholic, but the Cunningham family are Presbyterian.
The family has strongly criticised Dublin’s response to the murder.
“It is with a mixture of anger and sadness that we note from the HET review that there is no evidence whatsoever that our own government in Dublin made any representations to the northern authorities in relation to the murder of Henry,” they said.
“Neither the gardai nor the Departments of the Taoiseach, Justice or Foreign Affairs have been able to produce a single document pertaining to the murder of an Irish citizen.