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hearing. Respondent’s counsel also called petitioner on
September 7 and 8, 2004, and left messages reiterating the
information set forth in the letter. On September 8, 2004, the
day before the hearing, petitioner faxed a letter to respondent’s
counsel indicating that his physicians had advised him to avoid
any physical activity that might aggravate his medical condition
and that he would call the Court in Washington, D.C., on the
following day to inform the Court as to whether he would appear
at the hearing. Petitioner did not provide any documentation
concerning the existence of a medical condition that would
prevent him from attending the hearing.
On September 9, 2004, the case was called for hearing.
There was no appearance by or on behalf of petitioner, but
petitioner had called the Court to state that he would not appear
at the hearing that afternoon. Counsel for respondent appeared
and presented oral arguments and produced documentary evidence in
support of the motion to dismiss. We took respondent’s motion to
dismiss under advisement.
Respondent’s motion to dismiss represents that: (1) All
material allegations of fact set forth in the petition in support
of the assignments of error have been denied in the answer; (2)
petitioner has not raised any issues upon which respondent has
the burden of proof, and respondent has not conceded any error
assigned in the petition; (3) petitioner has not produced any
evidence to support the assignments of error in the petition; and
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