TAPPEN v. AGER

No. 78-1233.

599 F.2d 376 (1979)

Daniel L. TAPPEN, M. D., Plaintiff-Appellant, v. Law Lamar AGER, M. D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 25, 1979.


Attorney(s) appearing for the Case

Robert D. Ochs of Fisher, Ralston, Ochs & Heck, P. A., Topeka, Kan. (Eugene B. Ralston of Fisher, Ralston, Ochs & Heck, P. A., Topeka, Kan., on brief), for plaintiff-appellant.

Victor A. Bergman of Schnider, Shamberg & May, Chartered, Kansas City, Kan. (John E. Shamberg and Joel K. Goldman of Schnider, Shamberg & May, Chartered, Kansas City, Kan., on brief), for defendant-appellee.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.


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. Tappen)...

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