In the Matter of a Mail Dispute Between:

 VINAL WHITNEY
 and
 RALPH SHAFFER KARLA RAMSEY

 P.S. Docket No. MD-135

 02/10/92

 Cohen, James A., Judicial Officer

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

 APPEARANCE FOR DISPUTANTS SHAFFER & RAMSEY: Ralph Shaffer; Karla Ramsey,
 P.O. Box 156, Island Falls, ME  04747-0156

Disputants Shaffer and Ramsey have filed an appeal from an Initial Decision in which an Administrative Law Judge determined that mail addressed to Maine Moosewood Novelties, P.O. Box 388, Island Falls, Maine 04747-0388, which is currently being held or hereafter received, is to be delivered as addressed. Disputant Whitney opposes the appeal. Based on a review of the record, the Judicial Officer has determined to exercise his discretion to review the Initial Decision in accordance with 39 C.F.R. § 965.12.

In the Initial Decision, the Administrative Law Judge found that Disputants Whitney, Shaffer and Ramsey formed a partnership in 1987, known as Maine Moosewood Novelties (I.D., Findings of Fact (F0F) #1). All partnership mail was addressed to Maine Moosewood Novelties, P.O. Box 388, Island Falls, Maine 04747-0388 (Id.). The partnership later registered the name "Maine Moosewood" as its trademark (Shaffer & Ramsey Submittal, attachments).

After a dispute between the disputants arose over control of the partnership, P.O. Box 388 was closed on June 15, 1989 (I.D., FOF #2). On November 28, 1989, without the consent of Disputants Shaffer and Ramsey, Disputant Whitney reopened P.O. Box 388 using the name "ME Moosewood Novelties" and thereafter, began operating in the name of, and receiving mail addressed to, "Maine Moosewood Novelties" (I.D., FOF #3; Application for Post Office Box, PS Form 1093; Whitney Submittal, filed Nov. 18, 1991). Although Disputants Shaffer and Ramsey have discussed plans to dissolve the partnership and distribute its assets, no legal action has occurred and the partnership continues to exist (I.D., FOF #4).

The Administrative Law Judge concluded that, in accordance with Domestic Mail Manual (DMM) § 153.52, the mail in dispute should be delivered as addressed since Disputant Whitney is operating the partnership under the same name at the same address.

Disputants Shaffer and Ramsey primarily contend that the disputed mail should be delivered in accordance with their direction since together they comprise a majority of the partners and therefore are entitled to direct the partnership's affairs including the delivery of its mail. n1 Disputant Whitney opposes the appeal. n2

n1 Disputants Shaffer and Ramsey also request a key to P.O. Box 388. However, the purpose of a mail dispute proceeding is not to determine the issue of "control" of a box, such as furnishing a key, but rather to determine who is entitled to obtain delivery of the disputed mail. See Rev. Paul N. Carrithers, P.S. Docket No. MD-119 at 2, n. 2 (P.S.D. Oct. 2, 1991).

n2 Contrary to Disputant Whitney's contention in opposition to the appeal, the Postal Service has jurisdiction to determine the right to delivery of disputed partnership mail. DMM § 153.72; 39 C.F.R. Part 965. See e.g. Jose Ralph Carrero, P.S. Docket No. MD-111 (I.D. Mar. 18, 1991); Brian Eiland, P.S. Docket No. MD-97 (I.D. Oct. 2, 1990); John G. Black, P.S. Docket No. MD-38 (I.D. Nov. 10, 1988).

The Administrative Law Judge correctly determined that DMM $S153.52 requires mail addressed to a partnership to be 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 [partnership] breaking off relations." However, in this case, the Maine Moosewood Novelties partnership is no longer being conducted at the same address. Rather, the partnership's rental of P.O. Box 388 was terminated and instead, Disputant Whitney, acting individually and without the consent of the partnership, reopened P.O. Box 388 for his own use using the partnership name. Under these circumstances, mail addressed to "Maine Moosewood Novelties" should not be delivered as addressed, but should be delivered in accordance with the direction of a majority of the partners. See Maine Code Ann., Title 31, § 298(8) (West 1978). E.g. Jose Ralph Carrero, P.S. Docket No. MD-111 at 3 (I.D. Mar. 18, 1991) (applying California law); Brian Eiland, P.S. Docket No. MD-97 at 3 (I.D. Oct. 2, 1990) (applying Maryland law); John G. Black, P.S. Docket No. MD-38 at 3 (I.D. Nov. 10, 1988) (applying Iowa law).

Moreover where, as here, there is a mail dispute between businesses with the same name, delivery is to be made to the most likely intended recipient which is usually the business operating for the longer time under the common trade name. See Safeguard Business Systems, Inc., P.S Docket No. MD-136 at 5 (P.S.D. Feb. 7, 1992); Rev. Paul N. Carrithers, P.S. Docket No. MD-119 at 3-4 (P.S.D. Oct. 2, 1991). In this case, the partnership has continued to exist under the name "Maine Moosewood Novelties" since its formation in 1987. The partnership's registered trade name remains "Maine Moosewood." While the partnership previously rented P.O. Box 388, it never approved of Disputant Whitney's subsequent use of the partnership name or the reopening of P.O. Box 388 in its name. Under these circumstances, the partnership, rather than Disputant Whitney, has operated under the common trade name for the longer period of time, is the most likely intended recipient of the disputed mail, and thereby, is entitled to delivery of all mail addressed to "Maine Moosewood Novelties," even though it no longer conducts business using P.O. Box 388. See Advanced Telecommunications, Inc., P.S. Docket No. MD-99 (I.D., Nov. 16, 1990). See also Safeguard Business Systems, Inc., at 5 (P.S.D. Feb. 7, 1992); Rev. Paul N. Carrithers, at 3-4 (P.S.D. Oct. 2, 1991). Accordingly, delivery of mail addressed to Maine Moosewood Novelties, P.O. Box 388, Island Falls, Maine 04747-0388, should be made in accordance with the direction of the majority of the partners, which in this case consists of Disputants Shaffer and Ramsey. n3

n3 This decision only determines the right to delivery of the mail in dispute, and not its ownership. In the event Disputants Shaffer and Ramsey, or the partnership, receive mail clearly intended for Disputant Whitney, they are responsible for forwarding such mail to him.

After consideration of the entire record and the exceptions of Disputants Shaffer and Ramsey it is concluded that all mail addressed to Maine Moosewood Novelties, or ME Moosewood Novelties, P.O. Box 388, Island Falls, Maine 04747-0388, which is currently being held or hereafter received, is to be delivered in accordance with the direction of Disputants Shaffer and Ramsey. Accordingly, the appeal of Disputants Shaffer and Ramsey is sustained and the Initial Decision is reversed.