July 21, 1989

In the Matter of a Mail Dispute Between:

JACK W. ASKEW

and

BILL PERRY

P. S. Docket No. MD-61

APPEARANCE FOR MR. ASKEW:

Jack W. Askew

Askew Insurance Agency

209 North Third

Gadsden, AL  35901-3731

APPEARANCE FOR MR. PERRY:

None

INITIAL DECISION

            This mail dispute was forwarded for resolution pursuant to Domestic Mail Manual (DMM) §153.72 and 30 C.F.R. Part 965.  The matter involves a dispute between Jack W. Askew and Bill Perry concerning the right to receive mail addressed to Askew & Perry Insurance Agency, Inc.

            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 Askew filed submittals, which were received and filed on June 19 and 20, and supplemented on July 3, 1989.  By an Order dated June 21, 1989, Disputant Perry 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 Disputant Perry's submittal was due on or before July 9, 1989, no submittal has been filed by him. 

FINDINGS OF FACT

            1.         On April 10, 1989, the Board of Directors of the Askew & Perry Insurance Agency, Inc., removed Bill C. Perry as President due to alleged wrongful diversion of funds and insurance business.  Mr. Perry is a 50% shareholder.  Jack W. Askew was appointed President and Secretary/Treasurer, and Lucille Askew was appointed Vice President of the corporation.

            2.         Since that time, each party has given conflicting orders to the Postmaster regarding delivery of the mail addressed to Askew& Perry Insurance Agency, Inc.

            3.         On June 14, 1989, the Circuit Court of Alabama entered an order specifying the manner in which the Postmaster must deliver the mail which is the subject of the dispute herein.

CONCLUSIONS OF LAW

            Section 153.51 of the Domestic Mail Manual provides that where disagreement arises among corporate officers and others connected with the company, the mail is delivered in accordance with the order of the president of the corporation.  The evidence presented establishes that Mr. Askew is president of Askew & Perry Insurance Company, Inc.

            However, the regulations provide that when the same mail is claimed by different persons, and a court decides to whom delivery should be made, the mail will be delivered in accordance with the court order.  DMM §153.73;  By Order dated June 14, 1989, the Alabama Circuit Court specifically determined the manner of delivery of the mail which is the subject of the instant dispute.  Accordingly, the mail shall be delivered in accordance with that order.

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

                                                                                    Randolph D. Mason

                                                                                    Administrative Law Judge