P.S. Docket No. MD-64

 07/28/89

 Mason, Randolph D., Administrative Law Judge

 APPEARANCE FOR MR. GREEN:
 David R. Young, Jr., Esq.,
 116-L Edwards Ferry Road, N.E.,
 Leesburg, VA 22075-2330 

 APPEARANCE FOR MR. McQUADE:
 James McQuade, P.O. Box 17514,
 Washington, DC 20041-7514

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 James McQuade and T. McDuff Green concerning the right to receive mail addressed to Federal Transfer, Inc., P.O. Box 17014, Washington, DC 20041.

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 Green filed a submittal. By an Order dated July 12, 1989, disputant McQuade 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 he received the order, disputant McQuade has not filed a submittal. Accordingly, he is in default.

In reaching the decision herein, Mr. McQuade's letter to the Postal Service received on May 4, 1989, has been considered in addition to Mr. Green's submittal dated July 3, 1989, and the attachments to the Postmaster's transmittal letter.

1. On April 1, 1989, Federal Transfer, Inc., sold to Disputant James E. McQuade the principal assets of the corporation. Disputant T. McDuff Green is the President of Federal Transfer, Inc. The corporate Post Office Box 17014 did not transfer in the sale.

2. During the settlement, Green agreed to allow McQuade access to P.O. Box 17014 for a limited time. He gave McQuade a key to the box and asked him to meet him periodically at the box to open it jointly, so that the mail pertaining to the purchased business could be obtained by McQuade. Although the latter obtained his own box, P.O. Box 17514, about a week after the settlement, he has since refused to return the key to Box 17014 to Green. Contrary to the agreement, he opened the mail in Box 17014 without Green being present.

3. Subsequently, Green requested that his box be locked and he has allowed the lease on the box to expire. He has asked the Postal Service to forward all mail to his home. He states that he personally forwards any mail which is not his to McQuade.

4. McQuade admits that the parties agreed at settlement that Green could maintain the corporate name and mailing address of P.O. Box 17014.

5. McQuade has asked the Postmaster to resolve the instant dispute by forwarding to him all mail addressed to Federal Transfer, Inc., which contains return addresses of certain companies appearing on McQuade's list of accounts receivable. This proposal would require the Postmaster to check each piece of mail received against that list.

Disputant McQuade 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, it is undisputed that Green retained in the sale of his business the name and ownership of Federal Transfer, Inc. and the mailing address at P.O. Box 17014. He is President of the corporation, and as such he is entitled to delivery of all mail addressed to Federal Transfer, Inc. at that address. Domestic Mail Manual § 153.51.

Resolution of mail disputes in proceedings such as this will determine which party has the right to obtain delivery of mail as addressed but is not necessarily dispositive of the question of ownership of the mail. Therefore, it will be the responsibility of disputant Green to determine if the delivered mail and its contents belongs to him or McQuade, and to take appropriate action.

The attached mail delivery order should be issued.