April 4, 1991

In the Matter of a Mail Dispute Between:

DOUGLAS B. LEWIS

and

CLIFFORD L. ROSS

P.S. Docket No. MD-112

APPEARANCE FOR MR. LEWIS:

Douglas B. Lewis

2110 Sandra Avenue

P. O. Box 1659

Centralia, WA  98531-1659

APPEARANCE FOR MR. ROSS:             

None

INITIAL DECISION

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.  Only Disputant Lewis filed a written submittal under 39 C.F.R. §965.5.  Disputant Ross received a Notice of Docketing and Submittal Due Date on February 8, 1991, but has failed to file either a submittal or a comment on Mr. Lewis's submittal.  Accordingly, Mr. Ross is in default.  The dispute concerns delivery of mail addressed to Fiberglass Engineered Products Corporation at P. O. Box 353, Shelton, WA 98584.  The following findings of fact and conclusions of law are based upon the submittal and exhibits attached thereto:

FINDINGS OF FACT

            1.         Disputant Douglas B. Lewis is the president of Fiberglass Engineered Products Corporation (FEPC).  Disputant Clifford L. Ross is the vice president.  They were the original incorporators.

            2.         Disputant Lewis was the applicant for P. O. Box 353, Shelton, WA 98584.

            3.         Both disputants claim the right to delivery of the mail addressed to the corporation at P. O. Box 353, Shelton, WA 98584.

CONCLUSIONS OF LAW

            A party who fails to file the submittal required by 39 CFR §965.5 may be held in default and the presiding officer may issue an initial decision that mail be delivered to the other party.  39 CFR §965.7.  Since Disputant Ross has failed to file a submittal, he is in default.  Accordingly, all mail addressed to P.  O. Box 353, Shelton, WA 98584 should be delivered in accordance with the direction of Disputant Lewis.

            In addition, when officers or others associated with a corporation make conflicting claims to the mail of the corporation, then the mail will be delivered in accordance with the direction of the president of the corporation.  Domestic Mail Manual §153.51.  Since Lewis is the president of the corporation, he is entitled to delivery of the mail in issue.

            This decision only determines the manner of delivery of mail addressed to the corporation.  No decision is made with respect to the ownership of any such mail.  Accordingly, in the event that Disputant Lewis receives any mail pursuant to this decision which does not belong to him, he shall be responsible for forwarding such mail to its true owner.

            The attached mail delivery order should be issued.

                                                                                    Randolph D. Mason

                                                                                    Administrative Law Judge