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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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