September 8, 1992

In the Matter of a Mail Dispute Between:

 

CRAIG O. CANON

and

MILAN VESELY

 

P. S. Docket No. MD-160

 

APPEARANCE FOR DISPUTANT           

CRAIG O. CANON:                                      

Craig O. Canon

8214 Westchester, Suite 730

Dallas, TX  75225-6113

 

APPEARANCE FOR DISPUTANT           

MILAN VESELY:                                          

Milan Vesely

1205 W. Hudgins

;Grapevine, TX  76051-5197

INITIAL DECISION

 

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

            The mail in dispute is that addressed to Globelink, Inc., 1205 W. Hudgins, Grapevine, TX  76051-5197.*[1]  Both parties have filed submittals in accordance with 39 C.F.R. §§ 965.5 and 965.6.

FINDINGS OF FACT

            1.         Disputant Milan Vesely is the president of Globelink, Inc. (Globelink).

            2.         Disputant Craig O. Canon is the president of Vertex Financial Corporation (Vertex).

            3.         On or about May 19, 1992, Disputant Canon submitted a change-of-address order, PS Form 3575, requesting that the Postal Service change the mailing address of Globelink, Inc., to the address of the headquarters of Vertex, 8214 Westchester, Suite 730, Dallas, TX  75225-6113.

            4.         Disputant Canon based his authority for the change-of-address order on an agreement dated July 17, 1991, between Globelink and Vertex, executed by the Disputants as the respective presidents of the two corporations.

            5.         Under the agreement dated July 17, 1991, characterized by Disputant Canon as a "Factoring Contract," Vertex purchased the accounts receivable of Globelink pursuant to the terms of the agreement.  Included in the agreement are the following provisions:

            "7.  * * * * In the event of a default or breach of this agreement by us      (Globelink) or in the event of a termination of the agreement by you           (Vertex), you are hereby authorized to notify postal authorities to change           the address for the delivery of mail to such address as you may designate      and to receive and open mail addressed to us to enable you to carry out           the agreement."

 

            "17.  The initial term of the Agreement shall begin on the date hereof (July       17, 1991) and shall continue until October 11, 1991; it shall continue from     month to month thereafter until terminated by the agreement of the parties      or as otherwise provided hereby.  Either party may terminate the             Agreement at any time and for any reason by giving the other party thirty        

            (30) days written notice of termination. . . ."

 

            6.         By letter dated January 29, 1992, Disputant Vesely, as president of Globelink, provided Disputant Canon of Vertex with 30-days advance notice of termination pursuant to clause 17 of the Agreement, stating that the termination would take effect February 29, 1992.

            7.         Disputant Canon claims that Globelink is in default of the Agreement because monies funded under the Agreement are over 60 days past due and Globelink has refused to pay.  Disputant Canon submits that Vertex accordingly has the right to receive Globelink's mail in order to carry out the Agreement.

            8.         Disputant Vesely denies that Globelink is in default of the Agreement, claims that there is a dispute as to the amount of indebtedness, and asserts that Vertex has no right to intercept Globelink's mail.

CONCLUSIONS

            1.         Applicable regulations provide that when a dispute involving persons associated with a corporation arises, mail is to be delivered as directed by the president of the corporation (DMM § 153.51).

            2.         Based on the record in this matter, the Agreement of July 17, 1991, which authorized Vertex, under certain specified conditions, to receive Globelink's mail, was terminated as of the end of February or early March 1992, before the president of Vertex filed the change-of address order.

            3.         Disputant Vesely, as president of Globelink, Inc., is entitled to receive and direct the delivery of the mail in question.

            4.         This decision determines only the right to delivery, not the ownership, of the disputed mail.

            5.         The attached proposed order should be issued.

 

 

 

 

                                                                                                James E. Lemert

                                                                                                Administrative Judge


[1]  After this mail dispute was docketed, Disputant Vesely notified the Recorder of a new address for Globelink, Inc. at P. O. Box 92711, Southlake, TX  76092-2711, and the file shows an earlier address for Globelink, Inc. at 280 Commerce Street in Southlake, TX.  Although not specifically mentioned in the attached proposed order, this initial decision would be applicable to all addresses for Globelink, Inc.