Anita Breining, Individually and as Administratrix of the Estate of Lambert Breining and Stanley Breining and Robert Breining v. United States

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 trial before a full-time magistrate. The magistrate entered findings of fact and conclusions of law on April 3, 1987.

The plaintiff…