August 24, 1992

In the Matter of a Mail Dispute Between

RICHARD KRATZ

and

DR. WILLIAM A. KOCH

P. S. Docket No. MD-158

APPEARANCE FOR DISPUTANT RICHARD F. KRATZ:

Richard F. Kratz, Pro Se

333 East Fairview, #113

Glendale, CA  91207-1937

APPEARANCE FOR DISPUTANT DR. WILLIAM A. KOCH:

Dr. William A. Koch, Pro Se

1781 Alicante

Pomona, CA  91768-4111

INITIAL DECISION

            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.

            Neither party has submitted the sworn statement required by 39 C.F.R. §965.5.  Disputant Kratz, however, has filed a copy of a Preliminary Injunction issued on July 16, 1992, by the Superior Court of the State of California.  The injunction is indirectly dispositive of this mail dispute as found below:

FINDINGS OF FACT

            1.  The disputants are Richard Kratz, 333 East Fairview, #113, Glendale, CA  91207-1937 and Dr. William A. Koch, 1781 Alicante, Pomona, CA  91768-4111.

            2.  The mail in dispute is addressed to Creative Riderwear, Inc., 2240 E. Cedar, Ontario, CA  91761-8033.

            3.  Disputant Kratz, according to Minutes of Special Meeting of Shareholders of Creative Riderwear, Inc. (CRW) held on April 24, 1992, is President of CRW.  He has requested the Postmaster to deliver the disputed mail to 333 East Fairview Avenue, #133, Glendale, CA  91207, the principal place of business of CRW.

            4.  Disputant Koch asserts that he is Secretary of CRW and acting on its behalf in claiming the right to direct delivery of the disputed mail as addressed.  Documents he has submitted purport to show that one John C. Lim is president of CRW.

            5.  Other documents submitted by Disputant Koch reflect an intracorporate dispute between Kratz and Lim and others connected with CRW concerning corporate assets and other matters.

            6.  Disputant Kratz, as President of CRW, has filed a copy of a Preliminary Injunction entered on July 16, 1992, in the Superior Court of the State of California for the County of San Bernardino in an action captioned Creative Riderwear, Inc., Plaintiff v. William A. Koch, John C. Lim and others, Defendants.  The Preliminary Injunction orders that during the pendency of the action the individual defendants are restrained and enjoined from asserting that they are officers, directors, employees, or agents of CRW and from acting, or attempting to act, on behalf of CRW.

            7.  The Preliminary Injunction effectively bars disputant Koch, John Lim, or other named defendants from asserting, at this time, a right to direct the delivery of the disputed mail.

CONCLUSIONS OF LAW

            1.  On the basis of the present record, it is found that disputant Kratz is the President of CRW and as such has the right to direct the delivery of the disputed mail (DMM §153.31) unless and until a court order directs otherwise.

            2.  The attached order should be issued.

                                                                                    Quentin E. Grant

                                                                                    Chief Administrative Law Judge