In the Matter of a Mail Dispute Between:

 JAMES A. CARPENTER
 and
 JERRY HALL

 P.S. Docket No. MD-130

 01/08/92

 Grant, Quentin E., Chief Administrative Law Judge

 APPEARANCE FOR DISPUTANT JAMES A. CARPENTER: None.  

 APPEARANCE FOR DISPUTANT JERRY HALL: None.  

The Office of Field Legal Services, Western Division, San Bruno, CA, has forwarded this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 365.

The Notice of Docketing and Submittal Due Date was received by disputant James Carpenter on September 3, 1991, but he has not filed the submittal required by § 965.5 of the Rules of Practice. Therefore he is in default ($S965.7). Efforts to serve such notice on disputant Jerry Hall by certified mail have been unsuccessful because of his failure to claim such mail. Attempts to serve the notice by regular mail have also failed because he has moved leaving no forwarding address.

The following findings of fact are based on information and documents furnished to the Office of Field Legal Services by the Supervisor, Mails and Delivery, Shaw Butte Station, Phoenix, AZ 85029-9998.

1. The disputants are James A. Carpenter, 1666 N. Daley, Mesa, AZ 85203-3344 and Jerry Hall whose address at the time this dispute arose was 3443 W. Lupine, Phoenix, AZ 85029. The mail in dispute is that addressed to Luxury Towing at P. O. Box 82865, Phoenix, AZ 85071-2865.

2. On January 15, 1991, disputant Hall applied at the Shaw Butte Station of the Phoenix, AZ Post Office for a post office box to be assigned to Luxury Towing.

3. On May 1, 1991, disputant Hall added "Carpenter" (no first name) as a person authorized to receive mail addressed to Luxury Towing.

4. Later in the day on May 1, 1991, disputant Carpenter went to the Shaw Butte Station and attempted to file a new application for Luxury Towing showing himself as the applicant and disputant Hall as another person authorized to receive mail addressed to Luxury Towing at that box. Postal Supervisor Mary Allen informed Mr. Carpenter that Mr. Hall, the box holder, would have to agree to this change. The mail addressed to box 82865 was then held by the station as being in dispute.

5. On June 23, 1991, Mr. Carpenter spoke with the station superintendent and was given the mail being held on condition there would be no further dispute over the mail. On June 24, 1991, Mr. Carpenter presented a certificate from the Arizona Department of State that the trade name "Luxury Towing" registered by Lindchrist, Inc. on February 9, 1989, had been assigned by Lindchrist on June 14, 1991, to Alan Carpenter, P. O. 82865, Phoenix, AZ 85071-2865. The record is insufficient for a finding that the Alan Carpenter named in such assignment is disputant James A. Carpenter.

6. On July 19, 1991, both disputants went to the postal station and each claimed to be the owner of Luxury Towing, stating that he did not wish the other to receive the disputed mail. Each disputant said that he would within a week present documentation establishing his ownership of Luxury Towing. Neither disputant presented such documentation.

7. In late August 1991 the dispute was forwarded by the Office of Field Legal Services to the Recorder.

Under DMM § 951.122, disputant Hall, the person who signed the original box application as an individual, is the box customer with respect to P. O. Box 82865. Only Mr. Hall, as long as he is the box customer, has the right to order alterations to the box application which he filed. He has not surrendered the box or authorized a change of applicant's identity from himself to disputant Carpenter. As the box customer, he has the right to deny Mr. Carpenter the authority to receive mail addressed to Carpenter or Luxury Towing at Box 82865.

Mr. Carpenter has not submitted evidence adequate to prove his ownership of Luxury Towing or his right to use that name. If he is in fact the owner and has that right, there is nothing to prevent his renting another post office box and notifying customers, or others, accordingly.

This decision determines only the right to receive the mail in dispute at P. O. Box 82865. It does not determine the ownership of the mail. If Mr. Hall receives any mail belonging to Mr. Carpenter, he has the obligation to forward such mail to him promptly.

The disputed mail should be delivered as addressed.