In the Matter of a Mail Dispute Between: 

 BYRON ADAMS
 and
 H.  T. McBRIDE

 P.S. Docket No. MD-125

 09/20/91

 Mason, Randolph D., Administrative Law Judge

 APPEARANCE FOR BYRON ADAMS:   Byron Adams, Pro Se, HCR 03 Box 249,
 Monterey, VA 24465-9323 

 APPEARANCE FOR H. T. McBRIDE: Lewis F. Jolly, Esq., 110 Newman Avenue,
 Harrisonburg, VA 22801-4004

This mail dispute proceeding was docketed under Domestic Mail Manual § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. Both disputants filed written submittals under 39 C.F.R. § 65.5. The dispute concerns delivery of mail addressed to Byron Adams, Red Oak Ranch, Hightown, VA 24444. The following findings of fact and conclusions of law are based upon the submittals and exhibits attached thereto:

1. Virginia Upland Outfitters, Inc., ("VUO") operates and advertises a hunting lodge business known as "Red Oak Ranch," in Hightown, VA 24444, which offers professional guide services.

2. VUO leased Red Oak Ranch from the Red Oak Ranch Partnership n1 beginning on October 1, 1988, under a written lease agreement. Disputant Henry T. McBride is a member of the partnership and also president of the VUO corporation.

n1 The partnership uses Henry McBride's address, Rt 1, Box 95, Harrisonburg, VA 22801, as its official business address. Its checks reflect this address in addition to Red Oak Ranch, Hightown, VA 24444.

3. Disputant Byron Adams was Secretary/Treasurer of VUO. Byron Adams lived in a residence located on VUO's Red Oak Ranch property beginning in September of 1987, and he received personal mail addressed to him at Red Oak Ranch, Hightown, VA. At that time, the business address of the hunting lodge was P.O. Box 100, Williamsville, VA.

4. In September 1988, Byron Adams began receiving mail for VUO, and the lodge's business address was changed to Red Oak Ranch, Hightown, VA. VUO advertised Red Oak Ranch extensively in magazines such as Deer Hunter's Equipment Guide, instructing prospective customers to "Contact: Byron Adams, Red Oak Ranch, Dept DH, Hightown, VA 24444." VUO was not mentioned in the advertisement. During 1990 VUO had gross receipts of $90,985, and advertising expenses of $5,771.

5. On May 1, 1991, Adams resigned from his position with VUO effective June 1, 1991, and moved to a new address. He gave the Post Office a change of address notice indicating that

mail addressed to Byron Adams, Red Oak Ranch, Hightown, VA, be forwarded to his new address.

6. VUO's new advertisements for Red Oak Ranch instruct readers to contact Virginia Upland Outfitters, Inc., Red Oak Ranch, Dept. DH, Hightown, VA 24444.

1. Adams contends that "Red Oak Ranch" is simply the name of the location where VUO operates, and that any mail addressed to Byron Adams, Red Oak Ranch, should be delivered to him as a former tenant of the property. However, prior to his departure, the advertisement referred to the business only as Red Oak Ranch, with no mention of VUO corporation which owned and operated the hunting lodge. Adams realizes that much of this mail will be intended for him in his capacity as an agent of the business, but argues that he should be the only person entitled to open the mail to determine which is his personal mail.

2. Adams concedes that any mail addressed to Red Oak Ranch, Hightown, VA, or to Virginia Upland Outfitters, Inc., Red Oak Ranch, Hightown, VA, obviously belongs to the corporation and should be delivered to the corporation.

3. Section 153.51 of the Domestic Mail Manual ("DMM") provides that 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 fact that the mail is addressed to the attention of a former employee of the business does not alter this rule. See DMM § 153.41.

4. The mail in question is addressed to Byron Adams, "Red Oak Ranch," which is a business name used by the VUO corporation. In view of the fact that customers are told to address mail to the business in this way, it is probable that most of this mail is intended for Byron Adams only as an agent or employee of the business. Now that he has left the business, VUO should receive this mail. The Postal Service delivery rules set forth above implicitly recognize that some of the mail addressed to a business to the attention of an individual employee will be the employee's personal mail; however, delivery must be made to the most likely intended recipient or returned to sender. Here, the "Red Oak Ranch" hunting lodge is the most likely recipient in view of the manner in which the lodge was advertised.

5. Accordingly, the mail should be delivered in accordance with the instruction of Disputant Henry T. McBride, Jr., president of Virginia Upland Outfitters, Inc., which operates the hunting lodge business.

6. This decision only determines the question of delivery of the mail in dispute, and does not determine ownership of such mail. Accordingly, if Mr. McBride receives any mail which

is intended for Byron Adams without regard to the business, then Mr. McBride is responsible for ensuring that the mail is forwarded to Byron Adams.

7. The attached mail delivery order should be issued.