In the Matter of a Mail Dispute Between:

 WILLIAM CATLIN

 and

 BROOKE TODD

 P.S. Docket No. MD-28

 08/30/88

 Mason, Randolph D.; Administrative Law 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 William Catlin and Brooke Todd concerning the right to receive mail addressed to Treadstone International or Treadstone International, Inc., 4100 Southwest Freeway, Suite 300, Houston, TX 77027.

After the matter was docketed as a mail dispute, both Disputants were notified to file submittals in support of their respective claims to receive the mail in dispute. Only Disputant Catlin filed a submittal. Disputant Todd received notice of the requirement to file a submittal. By an Order dated August 8, 1988, Disputant Todd was notified that he may be held in default if he failed to file a submittal within seven days from his receipt of the Order. Although Disputant Todd's submittal was due on August 18, 1988, no submittal has been filed by him.

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

On October 13, 1987, Disputant William Catlin filed a Certificate of Operation under Assumed Name for Treadstone International showing that he was owner of the business.

Prior to February 3, 1988, Disputants Catlin and Brooke Todd discussed the possibility of forming a partnership, but there is no evidence that a partnership agreement was ever executed.

Treadstone International, Inc., was incorporated on February 3, 1988, in Texas. Disputants Catlin and Todd were two of the original three directors of the corporation.

On April 1, 1988, Disputant Catlin was President of the corporation and its sole shareholder. Disputant Todd was removed as a director on about the same date.

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

Section 153.51 of the Domestic Mail Manual provides that where disagreement arises among corporate officers and others connected with a company, mail addressed to the corporation is delivered in accordance with the order of the president of the corporation. Since Disputant William Catlin is the president, mail addressed to Treadstone International, Inc., 4100 Southwest Freeway, Suite 300, Houston, TX 77027, should be delivered in accordance with his instructions. Also, any mail addressed to "Treadstone International" at that address should be delivered as addressed. DMM 153.52.

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