United States Postal Service(TM)


 In the Matter of a Mail Dispute Between:

 ART CHATOFF, ROBERT BISE and JACK SWEDBERG

 P.S. Docket No. MD-33

 10/14/88

 Thompson, Joan B.; Administrative Judge


INITIAL DECISION

This mail dispute pertains to mail addressed to First Affiliated Securities, at 1041-11th St., Lakeport, CA 95453.

FINDINGS OF FACT

1. Timely submittals have been filed by Art Chatoff and Robert Bise. However, Jack Swedberg has failed to file a timely submittal or to respond to the Order dated September 15, 1988, requiring him to show cause why he should not be held in default.

2. The Disputants were previously associated with one another and received mail for First Affiliated Securities, Inc., at l041-11th St., Lakeport, CA 95453. Disputant Swedberg continues to use that address as its business under the name Financial Network Investment Corporation.

3. Disputants Robert Bise and Art Chatoff moved their business to 150 Third Street, Lakeport, California 95453. They are now the only authorized agents of First Affiliated Securities, Inc., in Lakeport, California. The President of that incorporated company has directed that mail addressed to that company should be delivered to Robert Bise and Arthur Chatoff.

CONCLUSIONS OF LAW

1. Disputant Swedberg is in default for failing to file the required submittal and to respond to the Order dated September 15, 1988. 39 C.F.R. 965.7.

2. Domestic Mail Manual 153.51 provides that mail is to be delivered in accordance with the order of the president of a corporation where there is disagreement among persons connected with the company. Therefore, in accordance with that provision and the order of the President of First Affiliated Securities, Inc., and with 39 C.F.R. 965.7, Disputants Robert Bise and Arthur Chatoff are entitled to receive mail addressed to that corporation.

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