In the Matter of a Mail Dispute Between:

 THE PROTOCOL GROUP, INC.
 and
 TRI-STATE MINT, INC.  

 P.S. Docket No. MD-134

 11/14/91

 Mason, Randolph D., Administrative Law Judge

 APPEARANCES FOR PROTOCOL GROUP AND/OR MEDALLIC ART COMPANY, INC.:
 Donald A. Schwartz, Esq., Joseph Macari, Esq., Old Ridgebury Road,
 Danbury, CT 06810-7295 

 APPEARANCE FOR TRI-STATE MINT, INC.,: Clair R. Gerry, Esq., Stuart and
 Gerry, P. O. Box 966, Sioux Falls, SD 57101-0966

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. § 965.5 and comments under § 965.6. The dispute concerns delivery of mail addressed to The Medallic Art Company, Old Ridgebury Road, Danbury, CT 06810-7241, and certain variations of that address. The following findings of fact and conclusions of law are based upon the submittals, commments, and exhibits attached thereto:

1. The Medallic Art Company, Inc., (MACI) conducted business as "Medallic Art Company" and received mail at Old Ridgebury Road, Danbury, CT 06810-7241 until January of 1991.

2. The Connecticut National Bank was the secured creditor of MACI. Due to financial difficulties, MACI was compelled to surrender these assets to the Bank. On January 2, 1991, the Bank sold production equipment and other assets formerly owned by MACI to Tri-State Mint, Inc. The list of assets sold included goodwill and the name "Medallic Art Company."

3. Tri-State Mint, Inc., did not buy the corporation known as the Medallic Art Company, Inc., which is still in existence.

4. Donald A. Schwartz, the former president of MACI, and other executives of the corporation then formed The Protocol Group, Inc. ("Protocol") to function as an art studio and sales agency. By agreement dated December 21, 1990, Protocol agreed to act as a sales representative for the Medallic Art Company Division of Tri-State Mint, Inc.

5. Medallic Art Company, Inc., continues to receive mail in connection with winding up its affairs. This includes the collection of accounts receivable, tax returns, tax bills, and sale of existing equipment. However, it no longer operates any business under the name Medallic Art Company.

6. Some of the mail intended for Tri-State's Medallic Art Company in South Dakota continues to be mistakenly addressed to Danbury, CT. This includes reorders and contracts on bids, necessary supplier information, and other benefits of the business.

7. On the other hand, Donald A. Schwartz and other former MACI employees n1 continue to receive personal mail not intended for the company addressed to the individual employee "c/o Medallic Art Company, Old Ridgebury Road, Danbury, CT." Similarly, certain affiliated corporations n2 located in the same building also receive mail addressed to their corporate name "c/o Medallic Art Company, Old Ridgebury Road, Danbury, CT". Mr. Schwartz has requested on behalf of himself, the other employees, and the named corporations receiving mail "c/o Medallic Art Company," that such mail be delivered to the primary named addressee rather than Medallic Art Company.

n1 Charles W. Bresloff, Carol Colon, Charles Elliott, Joe Macari, Frank Ransick, Paula Schmidt, Deborah Earle, Dee Marino, and Harry Wells.

n2 Galleon Leasing Corporation; Old Ridgebury Associates I & II; D & R Leasing Corporation; Commercial Publishing Company; Inc.; and Law List Publishing Company, Inc; Society of Medalists (latter name was not sold to Tri-State Mint, Inc.).

1. It is clear that the name, goodwill, and business known as "Medallic Art Company" was sold to Tri-State Mint, Inc., and that the old company operating in Danbury, CT, no longer does business under that name. Accordingly, all mail which is addressed to Medallic Art Company (without reference to "Inc.") at Danbury, CT, should be delivered in accordance with the instructions of the president of Tri-State Mint, Inc., which now operates the Medallic Art Company.

2. Since Medallic Art Company, Inc., still exists as a corporation which continues to carry out certain functions unrelated to Tri-State's "Medallic Art Company", all mail addressed to Medallic Art Company, Inc., should be delivered in accordance with the instructions of Donald A. Schwartz, president of that corporation. Likewise, since the Society of Medalists was not sold, and does not appear on the list of assets acquired by Tri-State, mail addressed to the former should also be delivered in accordance with the direction of Mr. Schwartz.

3. Postal regulations provide that mail marked "In Care Of" another is delivered to the first of the two persons named who may call for it, or to the address of the person in whose care it is directed, in the absence of instructions from the addressee. DMM $S153.16. In the instant case, Donald Schwartz, some other named employees and several affiliated companies (see footnotes 1 & 2, supra), sometimes receive mail addressed to them individually "c/o Medallic Art Company". Since these addressees have given instructions regarding delivery of their mail (letter to the Postmaster of June 20, 1991), the regulation provides that those instructions prevail over those of the Medallic Art Company, a division of Tri-State Mint, Inc. Accordingly, such mail should be delivered as instructed by the individual employees and affiliated companies.

4. On the other hand, some of the mail may be addressed directly to (but not "In Care Of") the Medallic Art Company, and to the attention of an employee such as Mr. Schwartz. Mail addressed to corporations is generally delivered as addressed, but where disagreement arises among corporate officers and others connected with a company, the mail is delivered in accordance with the order of the president of the corporation. DMM § 153.51. n1

n3 Similarly, mail directed to a former employee of a private organization at the address of the organization is delivered to the organization when such mail is claimed by both the employee and the organization. DMM § 153.41, 153.42.

5. Thus to the extent that there is any mail addressed directly to the Medallic Art Company to the attention of a former employee, such mail should be delivered in accordance with the instructions of the president of Tri-State Mint, Inc., the new owner of the Medallic Art Company.

6. This decision determines the person to whom delivery of the mail in dispute should be made, and does not determine the ownership of such mail. Accordingly, if any person receives mail as a result of this decision which belongs to another person, the former is responsible for forwarding such mail to the rightful owner.

7. The attached mail delivery order should be issued.