In the Matter of a Mail Dispute Between:

 JURDEN PERRY

 and

 DANIEL C. STYBR

 P.S. Docket No. MD-30

 10/06/88

 Grant, Quentin E.; Chief Administrative Law Judge

This matter has been docketed pursuant to Domestic Mail Manual 153.27 which requires regional counsel to forward certain unresolved mail disputes to this department for decision.

Disputant Daniel C. Stybr has filed a written submittal in accordance with 965.5 of the rules of practice. Attempts by certified mail to deliver notice of docketing and submittal due dates to disputant Jurden T. Perry have been unsuccessful. The notice was originally mailed to him on August 2, 1988, at 830 E. Rand Road, Suite 2, Mt. Prospect, IL 60056-2560, the address used by him in initiating the dispute. Mr. Perry, however, had filed a change of address order with the Mt. Prospect postmaster on July 29, 1988, (effective 8/1/88) his new address being given therein as 340l W. Cullom, #2A, Chicago, IL 60618. The postmaster at Mt. Prospect forwarded the notice to Mr. Perry at his new address on or about August 10. He failed to respond to two claim notices given on August 16 and August 21, respectively, and the envelope was returned to the Recorder marked unclaimed. On August 31, the Recorder mailed another notice to Mr. Perry at his new address, certified mail, giving him to on or about September 20 to file his submittal. To date the Recorder has received no response of any nature to this mailing. I believe that sufficient, although unsuccessful, efforts have been made to reach Mr. Perry and to give him the opportunity to make a submittal and that a decision should now be issued resorting to Mr. Perry's letters of July 7 and July 14, 1988, to the Mt. Prospect postmaster for his position in the dispute.

1. This dispute involves mail addressed to United Services of Financial Planners, Inc. and Cameo Leasing, Inc., at 830 E. Rand Road, Suite #2 or Suite #10, Mount Prospect, IL 60056.

2. Both disputants claim to be president of the above mentioned corporations and, therefore, entitled to direct the disposition of mail so addressed.

3. According to Mr. Stybr's submittal, specifically the minutes of meetings of shareholders, officers and directors of the two corporations on June 16, 1988, Mr. Stybr was at these meetings elected president of both corporations and disputant Perry was removed as an officer and director of both corporations.

4. Disputant Perry has filed no evidence casting doubt on the legality of election of Mr. Stybr as president of the corporations.

5. Daniel C. Stybr is president of United Services of Financial Planners, Inc. and Cameo Leasing, Inc.

All mail in dispute should be delivered in accordance with the directions of Daniel C. Stybr, president of the two corporations. (DMM 153.51)