United States Postal Service(TM) 


 In the Matter of a Mail Dispute Between:

 COMBINED AUTOMATED INDUSTRIES, INC.
 c/o KEN SOLOMON, PRESIDENT
 and
 COMBINED AUTOMATED INDUSTRIES, INC.,
 c/o RONALD BURKHOLDER, PRESIDENT

 P.S. Docket No. MD-123

 08/27/91

 Grant, Quetin E., Chief Administrative Law Judge

 APPEARANCE FOR DISPUTANT RONALD BURKHOLDER: Paul V. Isicrate, Esq.,
 Goldberg & Felice Associates, Ltd.,
 809 Three Penn Center Plaza,
 1515 Market Street,
 Philadelphia, PA  19102-1922 

 APPEARANCE FOR DISPUTANT KENNETH M. SOLOMON: None.

INITIAL DECISION

The Office of Field Legal Services, United States Postal Service, Philadelphia, PA, has forwarded this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965.

Disputant Burkholder has filed a submittal pursuant to the Rules of Practice. Disputant Solomon has failed to file the required submittal. The following findings of fact are based on Disputant Burkholder's submittal and letters dated July 18, 199l, from him and his attorney to the Doylestown Postmaster.

FINDINGS OF FACT

1. The mail in dispute is that addressed to Combined Automated Industries, Inc., 350 S. Main St., Doylestown, PA 18901.

2. On June 8, 199l, Disputant Ronald J. Burkholder was elected president of Combined Automated Industries, Inc., ("the Corporation") by majority vote of stockholders, in accordance with the Corporate by-laws, at a meeting attended by owners of all the stock of the Corporation. Disputant Kenneth M. Solomon, a stockholder and the original president of the Corporation, was present at such meeting.

3. At the June 8 meeting, Disputant Solomon was removed as an officer and employee of the Corporation.

4. Disputant Solomon has no right to act for the Corporation.

CONCLUSIONS OF LAW

Disputant Solomon, having failed to file the submittal required by the Rules of Practice, is in default.

Disputant Burkholder as president of the Corporation has the right to direct the delivery of the mail pursuant to DMM $S153.51. n1

n1 153.51 Mail addressed to corporations is delivered as addressed or to an authorized agent. 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 attached proposed order should be issued.