In the Matter of a Mail Dispute Between: RICHARD E. COMPASS and MICHAEL S. BROWNLEE P.S. Docket No. MD-47 05/02/89 Cohen, James A., Judicial Officer APPEARANCE FOR RICHARD E. COMPASS: Richard E. Compass, 5 The Pines Court, St. Louis, MO 63141-6076 APPEARANCE FOR MICHAEL BROWNLEE: John J. Allan, Esq., 906 Olive Street, Suite 1100, St. Louis, MO 63101-1448
Disputant Compass has filed an appeal from the Initial Decision of an Administrative Judge which holds that mail addressed to Gateway Micro Products, Inc., Gateway Products, or any similar name containing the word "Gateway" at 5 The Pines Court, St. Louis, Missouri 63141-6076, which was received on or before December 21, 1988, be delivered to Richard E. Compass or in accordance with his order and that mail received after that date be delivered to Michael S. Brownlee or in accordance with his order.
This proceeding was referred to the Judicial Officer Department by Regional Counsel pursuant to DMM § 153.72. Disputants Compass and Brownlee each claim the right to delivery of all mail addressed to Gateway Micro Products, Inc., Gateway Products, or any similar name containing the word "Gateway" at 5 The Pines Court, St. Louis, Missouri 63141-6076. The presiding Administrative Judge issued an Initial Decision in which he determined that the mail in dispute received on or before December 21, 1988, should be delivered to Richard E. Compass or in accordance with his order and that disputed mail received after that date should be delivered to Michael S. Brownlee. Disputant Compass filed a timely appeal. Disputant Brownlee filed a reply in accordance with an Order dated March 24, 1989.
Disputant Compass argues that he has the right to delivery of mail received on or before January 26, 1989, 1/ rather than only on or before December 21, 1988. In support of his position, Disputant Compass refers to the finding in the Initial Decision that Compass Solutions Marketing, Inc. (CSMI) gave notice of termination of its July 25, 1988, agreement with Gateway Micro Products, Inc., on December 21, 1988, and that under the terms of the agreement, the termination did not become effective until thirty days thereafter (I.D. at 3). Therefore, Disputant Compass argues that as president of CSMI he has a right to delivery of the mail in dispute for an additional thirty days.
In response, Disputant Brownlee contends that the notice of termination is irrelevant to this proceeding because the July 25, 1988, agreement did not give Disputant Compass any right to the mail in dispute. In addition, he argues that the termination provision of the agreement was for the benefit of Disputant Brownlee rather than Compass, that the provision makes no mention of the return of mail, and that the agreement is ambiguous and should be interpreted against Disputant Compass as the drafter.
Disputant Brownlee's argument is not persuasive. The termination provision is not ambiguous and need not be construed against the drafter. As the Administrative Judge found and as the termination provision clearly states, the Agreement may be terminated by "any Party giving the other Parties written notice at least thirty (30) days prior to the effective date of the termination" (I.D. at 3, P5). Thus, Disputant Compass could terminate the agreement on thirty days written notice. Reading the agreement as a whole, it is clear that Disputant Compass had a right to the mail in dispute and that right continued until the effective date of the termination.
The Administrative Judge found that CSMI terminated the agreement on December 21, 1988, and he used that date to determine the parties' right to the disputed mail (I.D. at 3, P9). However, the Administrative Judge failed to take into account that the agreement remained in effect until the conclusion of the thirty day notice period. The conclusion of the notice period and the effective date of termination was January 20, 1989, not December 21, 1988. Therefore, Disputant Compass is entitled to receive the disputed mail through January 20, 1989.
Accordingly, all mail addressed to Gateway Micro Products, Inc., Gateway Products, or any like name containing the word "Gateway" at 5 The Pines Court, St. Louis, Missouri 63141-6076, received after January 20, 1989, should be delivered to Disputant Brownlee or in accordance with his direction. Any such mail currently being held, which was received on or before January 20, 1989, should be delivered to Disputant Compass or in accordance with his direction.
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