Kenneth E. Bixler - Page 8

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               When this case was called from the calendar of the Trial               
          Session at Indianapolis, Indiana, on March 25, 1996, counsel for            
          respondent appeared and announced that respondent was ready for             
          trial.  There was no appearance by or on behalf of petitioner.              
          However, an individual who refused to identify himself other than           
          as a "friend" of petitioner came forward and "served" on the                
          Court a document entitled "Non-Statutory Abatement", which the              
          Court filed as petitioner's Motion to Dismiss.6  Because                    
          respondent's counsel indicated that he wished to file certain               
          motions of his own, the Court stated that this case would be                
          recalled immediately after calendar call in order to address such           
          motions.                                                                    
               When this case was recalled later in the morning of March              
          25, 1996, respondent's counsel appeared and filed a Motion To               
          Dismiss For Failure To Properly Prosecute, a Motion To Impose               

          6 The "INTRODUCTION" of the document filed as petitioner's                  
          Motion to Dismiss provides, in part, as follows:                            
                    This is a Non-Statutory Abatement issued pursuant                 
               to common law rules applicable to such cases, against                  
               the DEPARTMENT OF THE TREASURY, INTERNAL REVENUE                       
               SERVICE, an acting Alien Enemy agency of a statutorily                 
               created, foreign de facto corporation, known as the                    
               UNITED STATES OF AMERICA.  Said agency is imposing a                   
               suretyship, by attaching an illegally presumed persona                 
               designata, nom de guerre, created by them as Kenneth E.                
               Bixler, upon This private Christian, Kenneth Edward:                   
               Bixler, suae potestate esse.  This imposition is                       
               without authority, is counter to public morals, being                  
               in the Nature of a Praemunire which is outlawed by the                 
               General custom in this state and, thus, is in violation                
               of the 1851 Indiana Constitution, the lex non scripta,                 
               which is the jus publicum in this state:                               




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