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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