CASE 92-C-1222 BEGINS

Within this case 92-c-1222 there exists claim for constitutional RIGHTS, as defined primarily by the BILL OF RIGHTS,

The following POINTS OF LAW, shall be DISCUSSED pursuant to these issues

1 The constitution IS the LAW OF THIS LAND.

2 The constitution DEFINES what legislatures and courts of law and presidential authority can/will be.

3 The Constitution (Bill of Rights) determines the BOUNDARIES of those in powerful positions and ESTABLISHES THE RIGHTS of every citizen.

4 NO court, NOR president, NOR legislature has power over the constitution, RATHER the constitution has power over these, and every citizen as well.

5 The constitution IS THE LAW of the land, and NO OTHER LAW (as defined by courts, presidents, or legislatures) has power over its fundamental RIGHTS.

6 The citizenry, AS A VAST MAJORITY DOES HAVE POWER, over the constitution, within the realities of one man/woman one vote: after sufficient notice and proper procedure!

7 The elected official works FOR the citizenry OR he/she works against the common good!

FURTHER: BE IT HEREBY KNOWN AND ATTESTED TO AS SUFFICIENT WARNING; The use of language or other, intended for the SOLE purpose of DISCREDITING ME, DEGRADING ME, OR WHICH IS SLANDEROUS OF ME WILL NOT BE TOLERATED!

IT IS A REALITY, IF PROVEN: the illegal MONOPOLY over/of human suffering BY the entire medical profession: HAS CLEARLY BEEN ESTABLISHED!

THE HONEST AND COMPLETE PURPOSE of this case 92-C-1222 HAS THEREFORE BECAME: To end the monopoly of the medical profession; and to establish a FAIR and JUSTIFIABLE description of EQUALITY AND HONEST WORK

{INFERRED: to courts refusal and bias is becoming apparent particularly as it relates to the courts unconstitutional refusal to uphold the words in Article 3 section 2. 1. "The judicial power shall extend to all cases, in law and equity......."}

To: Thomas Mamer and Haughey

For: Covenant Medical Center

RE: 92-c-1222

Within your letter dated 6/21/93 you claim to have enclosed copies of your motion and memorandum: IT IS NOT ENCLOSED? send me a copy!

REGARDING THIS CASE

I have enclosed the preliminary brief for your benefit, I have been informed (as stated) that I have one year to complete and present this case before a REASONABLE motion of dismissal shall be heard IF NOT, please advise!

Within this brief there is reference to constitutional issues which may not be immediately clear to you so be advised as follows.

This case has deferred to the cause of your (medical profession) MONOPOLY over me a citizen. The definition of monopoly being: "exclusive control of a commodity or service that makes possible the manipulation of prices, and/or something that is the subject of such control, etc.

Your control over me as patient and citizen, ARE CLEARLY DEMONSTRATED!

The Bill of Rights and Constitution DEFINE WHAT YOU MAY CONTROL, read them!

The conviction of monopoly places YOU within a number of laws governing monopolies which you, the medical profession currently dismiss, THAT IS GOING TO CHANGE!

The trial issues are to be:

Malpractice: IF (exhibit B) Heparin is common procedure for a patient as described in the physical examination, OR a coverup?

Determination (mental): Apart from all other criteria an accusation has been made against me (slanderous in nature) for which I received NO TRIAL BY JURY that I might defend myself. DELIBERATELY in violation of the Bill of Rights section 1,8,16. THEREBY describing in its entirety a complete monopoly over me!

Extortion: That there is NO definable area apart from serious public trial whereby I may arbitrate FAIRLY over billing differences. CLEARLY DEFINING A MONOPOLY OVER ME!

That exclusive power to control IS FOUND within the medical profession WITHOUT public approval BEYOND what may be considered as NECESSARY

These things and more shall comprise trial 92-c-1222.

MY OFFER TO YOU

I have considered this matter carefully what is shall cost ME, and what it shall cost you!

The term WAR used herein refers to the battles which shall ensue after the trial, during its appeal, and thereafter. I will tell you plainly I intend to challenge YOUR NOT FOR PROFIT STATUS, ETC.

HOWEVER in matters of FAIR and /OR unfair I have decided it is unfair to subject you as a specific entity RATHER than the medical profession as a whole, including you. UNLESS YOU REFUSE THIS OFFER!

LEAVE ME ALONE, mark your account PAID IN FULL, and send a letter of apology to the collection agency and me stating an error in billing was made! In return I will let this case 92-c-1222 remain untouched (NOT DISMISSED) that the court system shall take care of the matter through the issue of time past. (your dismissal is to be dropped).

Your reply IS DUE BY JULY 10, 1993

Be aware I do NOT intend to let these issues drop RATHER this offer is made so that NEITHER YOU OR I must defend them directly, rather they are public issues and should remain public issues. IF YOU CHOSE to defend , I have weighed the cost to me, and I WILL PAY whatever it costs to pursue (socially, financially, or physically)!

James F. Osterbur

6/23/93