April 22, 1991

In the Matter of a Mail Dispute Between:

NANCY KING

and

CAROL MOORE

P.S. Docket No. MD-116

APPEARANCE FOR MS. KING:               

None

APPEARANCE FOR MRS. MOORE:       

Beth A. Jackson, Esq.

10715 Charter Drive

Columbia, MD  21044

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 Moore filed a written submittal under 39 C.F.R §965.5.  Disputant King received a Notice of Docketing and Submittal Due Date on March 20, 1991, but has failed to file either a submittal or a comment on Mrs. Moore's submittal.  Accordingly, Ms. King is in default.  The dispute concerns delivery of mail addressed to The Nail Boutique and Carol Moore, P. O. Box 475, Fulton, MD  20759-0475.  The following findings of fact and conclusions of law are based upon the submittal and exhibits attached hereto:

FINDINGS OF FACT

            1.         Disputant Carol Moore and her husband are the sole shareholders of Fenton Street Enterprises, Inc., which owns the Nail Boutique.  Disputant Nancy King shared office space with Carol Moore at Unit 9 in Fulton Station at 11845 Route 216, Fulton, MD  20759.  Although she shared the rent with Mrs. Moore, Ms. King did not share the Nail Boutique business with her.

            2.         After a dispute over finances, Ms. King vacated the premises.

            3.         Beginning on June 1, 1990, and continuing thereafter, Mrs. Moore operated the Nail Boutique at the above address.

            4.         Both disputants claim the right to delivery of the mail addressed to The Nail Boutique and Carol Moore, P. O. Box 475, Fulton, MD  20759-0475.

CONCLUSIONS OF LAW

            1.         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 King has failed to file a submittal, she is in default.  Accordingly, all mail addressed to The Nail Boutique and Carol Moore, P. O. Box 475, Fulton, MD  20759-0475 should be delivered in accordance with the direction of Disputant Moore.

            2.         In addition, when officers or others associates 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 Moore and her husband are the sole owners and operators of The Nail Boutique, Disputant Moore is entitled to delivery of the mail in issue.

            3.         This decision only determines the manner of delivery of mail addressed to the corporation and Carol Moore.  No decision is made with respect to the ownership of any such mail.  Accordingly, in the event that Disputant Moore receives any mail pursuant to this decision which does not belong to her, she shall be responsible for forwarding such mail to Ms. King.

            4.         The attached mail delivery order should be issued.

Randolph D. Mason

Administrative Law Judge