In the Matter of a Mail Dispute Between: ESTHER SMIT and CLIFFORD B. BAINES P.S. Docket No. MD-152 06/17/92 Grant, Quentin E., Chief Administrative Law Judge APPEARANCE FOR DISPUTANT ESTHER SMIT: None. APPEARANCE FOR DISPUTANT CLIFFORD B. BAINES: None.
INITIAL DECISION
The Office of Field Legal Services, Philadelphia, PA, has forwarded this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965. Neither party has filed a submittal pursuant to § 39 C.F.R. § 965.5. The following findings of fact are based on correspondence and documents furnished by the disputants to the Postmaster, Baltimore, MD 21231-9998 and to the Office of Field Legal Services.
FINDINGS OF FACT
1. The disputants are Esther Smit, 7506 Riddle Ave., Baltimore, MD 21224-1445, and Clifford B. Baines, 407 S. Eden St., Baltimore, MD 21231-2225.
2. The mail in dispute is addressed to Fell's Printing Co., 510 S. Broadway, Baltimore, MD 21231-2912.
3. Disputant Smit is the sole proprietor of Fell's Printing Company, a business she has operated at 510 S. Broadway, Baltimore, MD 21231-2912 since at least 1987.
4. Disputant Baines has operated a copying and printing business known as Baltimore Copying Center at 618 S. Broadway, Baltimore, MD and, earlier, at 510 S. Broadway, Baltimore, MD, and may have owned a company known as Fell's Printing Company, Inc. at one time. However, the record does not show that he ever owned or operated Fell's Printing Company at 510 S. Broadway.
5. The mail in dispute is intended to reach disputant Smit's company, Fell's Printing Company at 510 S. Broadway.
CONCLUSIONS OF LAW
The documents forwarded by the Office of Field Legal Services show that disputant Smit owns and operates Fell's Printing Company at 510 S. Broadway, Baltimore, MD 21231-2912. The disputed mail is intended to reach Fell's Printing Company at that address. Therefore, the disputed mail should be delivered as addressed or in accordance with the direction of Esther Smit. The attached proposed order should be issued.