Appeal of P.S. Docket No. MD-86 -- PHILLIP SPENCER and GEORGE HICKS

 In the Matter of a Mail Dispute Between:

 PHILLIP SPENCER
 and
 GEORGE HICKS

 P.S. Docket No. MD-86

 6/29/90

 Lemert, James E., Administrative Judge

 APPEARANCE FOR PHILLIP SPENCER: B. J. Brockett, Esq.,  
 Brockett, Jackson & Spaeth, 719 N. Shartel, Oklahoma City, OK  
 73102-1221  

 APPEARANCE FOR GEORGE HICKS: Jan Preece Gaddis, Esq., Groves &  
 Tague, 901 Bank of Oklahoma Plaza, Oklahoma City, OK  73102

INITIAL DECISION

Pursuant to § 153.72 of the Domestic Mail Manual (DMM), this mail dispute was forwarded to this Department for resolution. The dispute involves delivery of mail addressed to Founders Mortgage Services, Inc., at P. O. Box 14829, Oklahoma City, OK 73113-0829. As originally docketed the mail dispute named both George Hicks and Hicks Mortgage Services, Inc., jointly as the second-named party. In the submittal filed on behalf of disputant George Hicks, Mr. Hicks disavows that Hicks Mortgage Services, Inc., is a party. Accordingly, the name of the second disputant has been modified to reflect only the individual George Hicks.

FINDINGS OF FACT

1. Disputant Hicks claims to be the president of Founders Mortgage Services, Inc. (Founders). At one time disputant Hicks owned 450 shares of the Founders corporation.

2. In October 1989 Disputant Spencer purchased 450 shares of Founders at a sheriff's sale following a judgment against disputant Hicks. Disputant Spencer claims he is the sole shareholder of all the stock issued by Founders.

3. Disputant Hicks disputes Spencer's claim that he is the sole shareholder, and Hicks asserts that American Fidelity Investment Company owns 2,550 shares of Founders.

4. Disputant Spencer called a meeting of the Directors and stockholders of Founders on October 13, 1989, during which new officers were elected and previous officers, including disputant Hicks, were discharged.

5. The issue of Spencer's claim of being the principal shareholder was litigated in the District Court of Oklahoma County, State of Oklahoma, in case no. CJ-89-3089. The Court upheld Spencer's claim and granted summary judgment for him on February 28,

1990. Others involved in the lawsuit asserting the rights of American Fidelity Investment Company and disputant Hicks have appealed from the ruling, but the appeal has not yet been decided.

CONCLUSIONS

1. Section 153.73 of the DMM states that mail will be delivered in accordance with a court order, if the court has decided the issue of delivery.

2. Although the District Court of Oklahoma County did not specifically rule on the issue of the right of delivery of mail addressed to Founders, the Court did uphold disputant Spencer's claim that he was the principal shareholder and authorized agent of the Founders corporation.

3. Section 153.51 of the DMM provides that mail addressed to a corporation is to be delivered to an authorized agent.

4. In recognition of the existing court order, mail addressed to Founders at the post office box in question should be delivered to disputant Spencer.