In the Matter of a Mail                ) July 30, 1992
 Dispute Between:                       )
                                        )
 DENNIS HENSHAW                         )
                                        )
 and                                    )
                                        )
 KERI LYN BARICEVICH                    ) P. S. Docket No. MD-156


 APPEARANCE FOR DISPUTANT               None.
 DENNIS HENSHAW:

 APPEARANCE FOR DISPUTANT               None.
 KERI LYN BARICEVICH

The Office of Field Legal Services, Western Division, has forwarded this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965.

Disputant Baricevich failed to claim the certified mail transmittal to her of the Notice of Docketing and Submittal Due Date and the Rules of Practice Neither party has filed the submittal required by 39 C.F.R. § 965.5. However, the documentation submitted by the disputants to the Postmaster at Edmonds, WA, which was forwarded by the Office of Field Legal Services, provides sufficient information for reaching a decision. The following findings of fact are based on such documentation.

1. The disputants are Dennis Henshaw, 9021 Evergreen Way #201, Everett, WA 98204-7117 and Keri Lyn Baricevich, 6906 Martin Way, STE. D, Olympia, WA 98502-5567.

2. The mail in dispute is addressed to KEY RADIO NETWORK (KRN) at 10026B Edmonds Way, Edmonds, WA 98020.

3. Since March 18, 1992, Disputant Henshaw has operated a sole proprietorship under the business name KRN at 10026B Edmonds Way, Edmonds, WA. Henshaw occupies the premises at that address as lessee under a Letter of Agreement dated March 5, 1992, with Gary C. Jones, lessor.

4. On June 12, 1992, disputant Henshaw incorporated the business, run as KRN, as Key Radio Network of Washington by filing Articles of Incorporation with the Secretary of State of the State of Washington. On the same date, Henshaw also filed with the same office an application for registration of the trademark KRN which he has been using since March 18, 1992.

5. Disputant Baricevich filed with the Postmaster a copy of Articles of Incorporation, signed by her, dated June 1, 1992, for a corporation named Key Radio Network Corporation with business office at 6906 Martin Way, Suite D, Olympia, WA. She also filed with the postmaster a copy of an application dated June 1, 1992, for registration of the trade name Key Radio Network. Neither document shows receipt thereof by the Secretary of State.

6. There is no evidence that disputant Baricevich prior to this dispute ever operated a business named KRN or Key Radio Network.

Only disputant Henshaw has operated a business named Key Radio Network, or KRN, at 10026B Edmonds Way, Edmonds, WA 98020. Disputant Henshaw has failed to prove that she has ever actually operated a business with either of those names at any address, and specifically at 10026B Edmonds Way. Consequently, it is concluded that the mail in dispute is intended to be delivered as addressed or in accordance with the direction of Dennis Henshaw.

This decision determines only the right to delivery, not the ownership, of the disputed mail. If disputant Henshaw receives any mail intended for disputant Baricevich, he is to forward it promptly.

The attached proposed order should be issued.

                                        Quentin E. Grant
                                        Chief Administrative Law Judge