United States Postal Service(TM)

 In the Matter of a Mail    	      )  March 9, l988 
 Dispute Between:           	      ) 

) V. R. LAWLESS )

) and )

) LYNN C. CONNER ) P.S. Docket No. MD-8

APPEARANCE FOR LYNN C. CONNER: R. Ryland Percy, III, Esq.

Percy & Holdridge

P. O. Box 1096

712 N. Burnside Avenue

Gonzales, LA 70737

INITIAL DECISION

This mail dispute matter has been docketed pursuant to Domestic Mail Manual 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. Disputant Lynn C. Conner and Gonzales Machine Works, Inc., have filed a written submittal, as required by 39 C.F.R. 965.5, but Disputant V. R. Lawless has not. By Order dated February 4, 1988, V. R. Lawless (Lawco Industrial Machine Works, Inc.) was informed that he may be held in default if he failed to file a submittal by February 14, 1988. Although he received the Order, he failed to respond.

FINDINGS OF FACT

1. Lynn C. Conner is the owner and president of Gonzales Machine Works, Inc., ("GMW"), the legal entity which has rented P. O. Box 1268 and 1269 in Gonzales, LA since the boxes were opened in 1986.

2. On August 13, 1987, GMW conveyed certain real estate, accounts receivable, and "movable property" to the Bank of Gonzales. The rental agreement and right to use the Post Office boxes in question were not conveyed to the Bank.

3. The Bank of Gonzales subsequently conveyed the assets which it had acquired to Lawco Industrial Machine Works, Inc., ("Lawco") which is owned by V. R. Lawless.

4. GMW remains in existence today as a corporate entity.

5. Accordingly, V. R. Lawless and Lawco have no valid basis upon which to control Post Office Boxes 1268 and 1269 or to have mail addressed to those boxes forwarded to Lawco's Box 699.

CONCLUSIONS OF LAW

Disputant V. R. Lawless (Lawco Industrial Machine Works, Inc.) failed to make the submittal required by 39 C.F.R. 965.5 and thus is in default in this proceeding pursuant to 39 C.F.R. 965.7.

Moreover, Lawco has not acquired the right to use GMW's Post Office boxes 1268 and 1269. Accordingly, mail addressed to those boxes should be delivered as addressed and Lawco's request to have the mail forwarded to Box 699 should be denied.

					Randolph D. Mason 
					Administrative Law Judge 

O R D E R

All mail addressed to Gonzales Machine Works, Inc., P. O. Box 1268 and 1269, Gonzales, LA 70707 shall be delivered as addressed.

James A. Cohen

Judicial Officer