United States Postal Service(TM) 


 In The Matter of a Mail Dispute Between:

 UNISHIPPERS ASSOCIATION
 and
 MEDALLION, INC.  

 P.S. Docket No. MD-19

 06/24/88

 Lemert, James E.  Administrative Judge

INITIAL DECISION

Regional counsel for the Western 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 matter involves a request by Medallion, Inc., a Utah corporation, to receive mail addressed to UniShippers Association, 3160 De La Cruz, Santa Clara, CA 95054. The matter was docketed as a mail dispute, P.S. Docket No. MD-19, the Disputants being Medallion, Inc. and UniShippers Association. A representative of Medallion, Inc. filed a written submittal, as required by 39 C.F.R. 965.5, but Disputant UniShippers Association did not. By Order dated June 8, 1988, the Disputant UniShippers Association was notified that it may be held in default if it failed to file a submittal by June 20, 1988. Although the Order was received by the Disputant, no response has been filed.

FINDINGS OF FACT

1. Prior to January 20, 1988, the business entity then known as United Shippers Association of Santa Clara County was owned by Disputant Medallion, Inc.

2. On January 20, 1988, a purchase agreement was executed under which Capital Express, Inc., a California corporation, would acquire the business entity which would be renamed UniShippers Association for a cash payment of $50,000 to Medallion, Inc. plus a promissory note for $53,000, due and payable on or before March 20, 1988.

3. The purchaser, Capital Express, Inc. defaulted on the payment due March 20, 1988.

4. As a result of the default, the seller, Disputant Medallion, Inc., in accordance with the applicable laws of California, has taken actions to reacquire the assets of UniShippers Association.

5. Disputant Medallion, Inc. has presented sufficient evidence to establish its right to receive all mail addressed to UniShippers Association.

CONCLUSIONS OF LAW

Disputant UniShippers Association failed to make the submittal required by 39 C.F.R. 965.5 and thus is in default in this proceeding. 39 C.F.R. 965.7.

Accordingly, Disputant Medallion, Inc. is entitled to receive all mail addressed to UniShippers Association, 3160 De La Cruz, Santa Clara, CA 95054. The attached order should be issued.