February 1, 1993

In the Matter of a Mail Dispute Between:

GLENN E. TALLEY

and

CHARLES TALLEY

P.S. Docket No. MD-169

APPEARANCE FOR GLENN E. TALLEY:

None

APPEARANCE FOR CHARLES TALLEY:

none

INITIAL DECISION

            The Office of Field Legal Services, Atlanta, Georgia, has referred this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965.  Neither party filed written submittals required by 39 C.F.R. §965.5.  The Findings of Fact and Conclusions below are based on the documents forwarded by the Office of Field Legal Services.

            The mail in dispute is that addressed to Post Office Box 124, Crystal River, FL  34423-0124.  Pending a decision on this dispute, the parties have agreed that the mail may be delivered in accordance with the direction of Glenn E. Talley.

FINDINGS OF FACT

            1.  In 1986 Disputant Glenn E. Talley purchased a business from his father, Disputant Charles Talley.  The business, “TALLEY’S PRO DIVE,” had used the disputed address as its mailing address before the sale, and Glenn Talley has continued to use the address in brochures and other advertising material, as well as on stationery, business cards, ad fliers.

            2.  Post Office Box 124 had been leased in 1974 by Charles Talley in the name of “Crystal River Natural Resources.”

            3.  In September or October, 1992, Glenn Talley requested a duplicate key for Post Office Box 124 from a Postal Service clerk.  The clerk refused to issue the key without authorization from Charles Talley.  That authorization was refused.  Further, Charles Talley, who had opened a competing business in February 1992, asserted, apparently for the first time since selling the prior business, the right to use the box himself and to prevent Glenn Talley from using it.

CONCLUSIONS

            Based on the documents forwarded by the Office of Field Legal Services, I conclude that when Disputant Charles Talley sold his business to Disputant Glenn E. Talley in 1986, the right to continue to use the disputed post office box in connection with the business was intended to be included in the sale.  The business had been using that address in its advertising and correspondence before the sale, and Glenn Talley continued to use the address after the sale and without objection from Charles Talley for approximately six years before this dispute arose.  There is no indication in the record that anyone other than Glenn Talley, in connection with TALLEY’S PRO DIVE, has been using the box.

            For the same reasons I also conclude that mail addressed to Post Office Box 124, Crystal River, FL, is most likely intended to Glenn Talley or TALLEY’S PRO DIVE, which is owned by Glenn Talley.  Therefore, mail addressed to that post office box should be delivered in accordance with the direction of Glenn Talley.

            Resolution of this mail dispute determines only the right to delivery of the mail.  It does not determine the question of ownership.  Accordingly, if Disputant Glenn E. Talley receives mail clearly intended for Disputant Charles Talley, he should have the mail forwarded to the correct destination.

            The attached mail delivery order should be issued.

                                                                                    David I. Brochstein

                                                                                    Administrative Judge