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BREINING v. U.S.

Nos. 87-1385, 88-1368.

861 F.2d 1342 (1988)

Anita BREINING, Individually and as Administratrix of the Estate of Lambert Breining and Stanley Breining and Robert Breining, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1988.

Attorney(s) appearing for the Case

John Mundie, Walter L. Boyaki, El Paso, Tex., for plaintiff-appellant.

Mark Greenberg, Asst. U.S. Atty., El Paso, Tex., for defendant-appellee.

Before GEE, SNEED and WILLIAMS, Circuit Judges.

GEE, Circuit Judge:

The plaintiffs brought an action against the defendants alleging negligence in the diagnosis and treatment of the deceased, Lambert Breining, for lung cancer. The case was set for docket call and trial before Judge Lucius Bunton the week of January 5, 1987. Judge Bunton informed the parties that, due to his crowded docket, they could either agree to trial before a full-time magistrate or postpone the case. The parties orally agreed to proceed to...

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