In the Matter of a Mail Dispute Between: PAUL M. ALLEN, M.D. and RICHARD A. NICHOLLS, M.D. P.S. Docket No. MD-11 March 8, 1988
Regional counsel for the Southern Region, United States Postal Service, forwarded this matter for decision pursuant to Domestic Mail Manual 153.72 and 39 C.F.R. Part 965. The disputants are physicians who were formerly associated in a jointly operated medical practice known as Gynecology and Obstetrics, P.A. located at 2812 Andrews Avenue, Pascagoula, Mississippi, 39567-1802. While continuing to practice from the same address, the disputants have separated their practices, and use separate suites and receptionists. Both disputants have filed written submissions. (Despite the closing the record on March 1, 1988, the submission filed March 7, 1988, on behalf of Dr. Allen, was considered.)
1. Richard A. Nicholls, M.D., one of the disputants, has engaged in the practice of medicine for approximately 14 years at 2812 Andrews Avenue, Pascagoula, Mississippi (MS), under the name of either Richard A. Nicholls, M.D., P.A., or Gynecology & Obstetrics, P.A.
2. On June 1, 1985, in consideration of a purchase price of $200,000, Dr. Nicholls conveyed 50 percent of the stock in Gynecology & Obstetrics, P.A. to Paul M. Allen, M.D., the other disputant in this matter. From June 1, 1985, through December 14, 1987, Dr. Allen practiced medicine at 2812 Andrews Avenue, Pascagoula, MS, using the corporate name. Dr. Allen is vice president, secretary, director, and shareholder of 50 percent of the stock of the corporation. Dr. Nicholls is president of the corporation.
3. On December 14, 1987, Dr. Allen notified Dr. Nicholls of his intention to separate his practice as of the close of business that day. Dr. Allen stated that he would continue to practice medicine at the same address, and that he would take steps to separate the practices within the building. Dr. Allen further stated that he wished to work amicably with Dr. Nicholls to effect a dissolution of the corporation.
4. Gynecology & Obstetrics, P.A. is currently a corporation in the State of Mississippi, with an address of 2812 Andrews Avenue, Pascagoula, MS. There is no evidence in the record that the corporation has been dissolved as required by the laws of the State of Mississippi.
5. On December 15, 1987, Dr. Nicholls wrote to the Postmaster in Pascagoula, MS, directing him to ignore a communication made by Dr. Allen to change the direction of mail addressed to the corporation. Dr. Nicholls stated that, as president of the corporation, he was instructing the Postmaster to deliver mail in the same manner as had been customary before the request made by Dr. Allen.
6. The Postmaster's decision was to honor the directions made by Dr. Nicholls.
7. Thereafter, the disputants negotiated in an attempt to agree to a procedure whereby money received in the mail would be sent to an escrow agent, the procedure favored by Dr. Allen. The negotiations were unsuccessful, and in a letter dated December 31, 1987, Dr. Allen requested an appeal of the Postmaster's determination.
1. Where disagreement occurs between officers of a corporation, mail is to be delivered in accordance with the order of the president of the corporation (Domestic Mail Manual 153.51).
2. The evidence establishes that Richard A. Nicholls, M.D. is the president of the corporation known as Gynecology & Obstetrics, P.A., which is an existing corporation in the State of Mississippi.
3. Mail addressed to Gynecology & Obstetrics, P.A. should be delivered to Dr. Richard A. Nicholls or in accordance with the directions of Dr. Richard A. Nicholls. The attached order should be issued.
James E. Lemert Administrative Judge
All mail addressed to Gynecology & Obstetrics, P.A., 2812 Andrews Avenue, Pascagoula, Mississippi 39567, shall be delivered to Dr. Richard A. Nicholls, or to someone authorized by him to receive it.
James A. Cohen
Judicial Officer