In the Matter of a Mail Dispute Between:

 SIDNEY D. "TRIP" CAMPER, THE SOAP OPERA, INC.
 and
 CECIL McADOO, THE OPERA CO.  

 P.S. Docket No. MD-93

 8/30/90

 Grant, Quentin E., Chief Administrative Law Judge

 APPEARANCE FOR DISPUTANT CAMPER:  Sidney D. "Trip" Camper,  
 pro se, The Soap Opera, Inc., 2992 Ashcroft Court, Clearwater, FL  
 34621-1901  

 APPEARANCE FOR DISPUTANT McADOO:  Cecil McAdoo, The Opera  
 Company, 5757 Corporate Boulevard, Suite 300, Baton Rouge, LA  
 70808-2529  

This mail dispute has been forwarded by the Office of Field Legal Services, Southern Division, USPS, pursuant to Domestic Mail Manual § 153.72 and 39 C.F.R. Part 965. The parties dispute the right to delivery of mail addressed to Soap Opera Co. at Post Office Box 4587, Shreveport, Louisiana 71134.

The disputants have filed timely submittals pursuant to § 965.5 of the Rules of practice. Neither party has filed comments on the other's submittal pursuant to § 965.6.

1. The disputants are Sidney D. "Trip" Camper, president of The Soap Opera Inc., (hereinafter "Soap") 2992 Ashcroft Court, Clearwater, FL 34621-1901 and Cecil McAdoo, general manager of The Opera Company, Inc., (hereinafter "Opera") 5757 Corporate Boulevard, Suite 300, Baton Rouge, LA 70808-2529.

2. On September 9, 1988, Soap filed an application for a post office box at Centenary Station, Shreveport, LA 71134. It was assigned Post Office Box 4587.

3. According to Mr. McAdoo's submittal, on December 8, 1989, Opera acquired certain assets of Soap and in April 1990 opened an Opera company office at 5910 Hearne Street in Shreveport, thereafter giving the postmaster a change of address order directing that mail addressed to Soap at Post Office Box 4587, be delivered to 5910 Hearne Street, effective April 24, 1990.

4. On learning of the above change of address order, Mr. Camper wrote to the postmaster telling him that Opera had no right to order the change of address and that mail addressed to Soap at Box 4587 should continue to be delivered to that box.

5. Mr. Adoo, in his submittal, claims that all the disputed mail belongs to Opera and should be delivered in accordance with his direction to 5910 Hearne Street.

6. Mr. McAdoo's submittal includes no documentation showing what assets of Soap were acquired by Opera in the December 1989 transaction. It does not show that the assets included the name Soap Opera, Inc. Mr. Camper's submittal asserts that the assets acquired by Opera were coin laundry stores and did not include mail addressed to Soap which is still an ongoing corporation.

1. Disputant McAdoo's submittal does not support a finding that Opera has acquired from Soap the right to use the name The Soap Opera, Inc., or to receive or direct delivery of mail addressed to Soap at Post Office Box 4587. On the skimpy record presented, it is concluded that the mail in dispute should be delivered as addressed or in accordance with the direction of Disputant Camper as president of Soap (Domestic Mail Manual § 153.11, 153.51).

2. This decision determines only the right to delivery of the mail. It does not determine the question of ownership.

3. The attached mail delivery order should be issued.