In the Matter of a Mail Dispute Between: IXI, INC. & QWIX, INC. and RONALD R. JOHNSON P.S. Docket No. MD-10 February 17, 1988 Randolph D. Mason Administrative Law Judge
On February 16, 1988, the undersigned initiated a telephone conference with John Bonner, Esq., for Ronald R. Johnson, and Charles D. Reite, Esq., and Richard Nagle, Jr., Esq., for IXI, Inc., and Qwix, Inc. The parties were advised that the undersigned had received a copy of the February 11, 1988 Order ("Order") of the Hennepin County District Court in Minnesota. Both parties agreed that the Order is currently in effect.
Mr. Bonner argued that the Postal Service should defer delivery of the mail in accordance with the Order because his clients were considering filing an appeal, and that it would be necessary to resolve the issue of the necessity and amount of security or supersedeas bond in connection with that appeal. Mr. Reite contended that the Postal Service must follow section 153.73 of the Domestic Mail Manual, which provides:
Order .
When the same mail is claimed by different persons, and a court decides to whom delivery should be made, the mail will be delivered in accordance with the court order.
Mr. Reite's point is well taken. The February 11 Order is in effect, clearly disposes of the instant mail dispute, and renders the issues herein moot. The Postal Service is required to follow court orders which resolve mail disputes. If the Order is subsequently modified by the local court, then the parties may request a change in the method of delivery in accordance with any future modification. Accordingly,
IT IS ORDERED that the instant case be, and it hereby is, remanded to the Office of Field Legal Services/Regional Counsel, Chicago, IL, for disposition of the mail in accordance with the attached February 11, 1988 Order.