Jaba, in your post #78 you did say
I will concede one small option, there was as I broke through later a small ravine along that track, which may have been considered clear of cloud below 3000
Now you say he was in IMC.
However as you rightly said "At or below 3,000 ft AMSL or 1,000ft AGL" and clear of cloud, is VMC, and the other aircraft is depicted as below 3,000ft.
No excuse for not being on the proper Area Frequency though, and hence my quip about Pa Kettle's strip relating to the very important thread that Creampuff is leading the charge on. I rate that discussion as one of the most important on this board ATM.
Be assured that i'm not missing your point at all, but are you missing the point that you assumed it to be IFR conditions when
(edit)there may have been legitimate VFR and even 'No Radio' aircraft abouts, and blasting unknowingly into the murk OCTA is fraught with danger.
Thank whichever God you pray to that the ATC'er had your back.