In the Matter of a Mail Dispute Between:

 VINAL WHITNEY
 and
 RALPH SHAFFER

 P.S. Docket No. MD-135

 12/20/91

 Mason, Randolph D., Administrative Law Judge

 APPEARANCE FOR VINAL WHITNEY: Vinal Whitney, pro se, P. O. Box 174,
 Island Falls, ME  04747-0174 

 APPEARANCE FOR RALPH SHAFFER: Karla Ramsey, Ralph Shaffer, pro se,
 P. O. Box 156, Island Falls, ME  04747-0156

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. Neither party filed comments on the other party's submittal under § 965.6. The dispute concerns delivery of mail addressed to Maine Moosewood Novelties, P. O. Box 388, Island Falls, ME 04747-388. The following findings of fact and conclusions of law are based upon the submittals and exhibits attached thereto:

1. Maine Moosewood Novelties is a partnership formed by Disputants Vinal Whitney, Karla Ramsey and Ralph Shaffer in about 1987. All partnership mail was addressed to Maine Moosewood Novelties, P. O. Box 388, Island Falls, Maine 04747-0388.

2. After a dispute over control of the partnership, P. O. Box 388 was closed on June 15, 1989.

3. On November 28, 1989, Disputant Whitney reopened P. O. Box 388 under the name Maine Moosewood Novelties, and began receiving mail at that address for Maine Moosewood Novelties.

4. Disputants Shaffer and Ramsey have since indicated that the partnership should be dissolved and its assets distributed. However, no legal action has been taken, and the partnership is still in existence.

1. Section 153.52 of the Domestic Mail Manual provides:

"Mail addressed to unincorporated firms or partnerships is delivered as addressed, as long as the business is being conducted under the same name at the same address, despite some members of the firm breaking off relations."

In the instant case, after a brief interruption, Disputant Vinal Whitney continued to do business as Maine Moosewood Novelties at the old address, P. O. Box 388, Island Falls, ME 04747-0388, despite the fact that Disputants Shaffer and Karla Ramsey had terminated their relationship with him.

2. Accordingly, the mail should be delivered as addressed.

3. If a court orders that delivery shall be made in a different manner, delivery will be made in accordance with the court order.

4. This decision only determines how the mail in question should be delivered, and does not determine who owns the disputed mail. Accordingly, if Vinal Whitney receives any mail which is clearly intended for Ralph Shaffer or Karla Ramsey, he shall be responsible for ensuring that such mail is forwarded to those individuals.

5. The attached mail delivery order should be issued.