Daniel L. Tappen, M. D. v. Law Lamar Ager, M. D.

WILLIAM E. DOYLE, Circuit Judge.

The question for decision in this case is whether the trial court erred in dismissing the cause of action of plaintiff-appellant herein, which suit was brought by a doctor claiming abuse of process and various forms of such cause of action. The crucial fact is that the plaintiff’s complaint was an attack on a pending action, one that had not been disposed of, and which action sounded in malpractice against a physician (Dr. Tap-pen).

The case before us is an unusual one. There were two complaints. Law Lamar Ager, M.D., as guardian of Emily Ager, filed both of…