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simple expedient of declaring himself to be a Private Christian
who is not subject to the jurisdiction of the Government of the
United States.
Discussion
We begin with respondent's Motion To Dismiss For Failure To
Properly Prosecute.
Our Rules provide that the failure of a party to appear at
trial or to properly prosecute may result in entry of decision
against that party. Specifically, Rule 123, which is entitled
"Default and Dismissal", provides in pertinent part as follows:
(b) Dismissal: For failure of a petitioner
properly to prosecute or to comply with these
Rules or any order of the Court or for other cause
which the Court deems sufficient, the Court may
dismiss a case at any time and enter a decision
against the petitioner. The Court may, for
similar reasons, decide against any party any
issue as to which such party has the burden of
proof * * * .
Additionally, Rule 149, which is entitled "Failure to Appeal or
to Adduce Evidence", provides in pertinent part as follows:
(a) Attendance at Trials: The unexcused absence
of a party * * * when a case is called for trial will
not be ground for delay. The case may be dismissed for
failure properly to prosecute, or the trial may proceed
and the case be regarded as submitted on the part of
the absent party or parties.
(b) Failure of Proof: Failure to produce
evidence, in support of an issue of fact as to which a
party has the burden of proof and which has not been
conceded by such party's adversary, may be ground for
dismissal or for determination of the affected issue
against that party.
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