In the Matter of a Mail Dispute Between:

 RICHARD DAUM,
 and
 JIMMY LEE BOYD

 P.S. Docket No. MD-24

 07/25/88

 Lemert, James E.  Administrative Judge

This mail dispute was forwarded for resolution pursuant to Domestic Mail Manual (DMM) 153.72 and 39 C.F.R. Part 965. The matter involves a dispute between Richard Daum and Jimmy Lee Boyd concerning the right to receive mail addressed to the Boyd Agency, One Wilshire Building, Suite 2900, 624 South Grand Avenue, Los Angeles, CA 90017.

After the matter was docketed as a mail dispute, P.S. Docket No. MD-24, both Disputants were notified to file submittals in support of their respective claims to receive the mail addressed to the Boyd Agency. Only Disputant Daum filed a submittal. Disputant Boyd has received notice of the requirement to file a submittal and also has received a copy of Disputant Daum's submittal. By an Order dated July 6, 1988, Disputant Boyd was notified that he may be held in default if he failed to file a submittal by July 18, 1988. No response has been filed.

Based on the submittals in the record the following findings of fact have been made.

FINDINGS OF FACT

The Boyd Agency was incorporated in December 1987. Disputant Boyd was named president. Initial capitalization was provided by a payment of $2,500 by Disputant Daum and a loan of $2,500 from Disputant Daum to Disputant Boyd, which, under the terms of a promissory note, was payable on April 15, 1988. Disputant Boyd defaulted on the payment, and as a result, Disputant Daum has taken possession of all outstanding shares of the corporation.

Disputant Boyd was removed as an officer of the corporation in April 1988. Since then Disputant Boyd has not worked for the corporation which had insufficient funds to continue its business. The only assets of the corporation are receivables which are insufficient to meet outstanding debts.

Since April 1988 Disputant Boyd has not been a signatory on the Boyd Agency account. The only signatory for that account is Disputant Richard Daum, who is the only authorized agent of the corporation.

In May 1988 Disputant Boyd submitted a request to the Los Angeles Postmaster to forward all Boyd Agency mail to his home address, 621 S. Spring Street, Apt. 110, Los Angeles, CA 90014.

Disputant Daum has submitted sufficient evidence to establish his right to receive all mail addressed to the Boyd Agency.

CONCLUSIONS OF LAW

Disputant Boyd 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 Daum is entitled to receive all mail addressed to the Boyd Agency, One Wilshire Building, Suite 2900, 624 South Grand Avenue, Los Angeles, CA 90017.

The attached mail delivery instruction to the Postmaster should be issued.