In the Matter of a Mail Dispute        ) July 26, 1993
 Betweeen:                              )
                                        )
 DR. ROBERT O'NEAL                      )
                                        )
 and                                    )
                                        )
 DR. LANCE CLEVELAND                    ) P. S. Docket No. MD-189

 APPEARANCE FOR DR. O'NEAL:             Michael J. Lindsay, Esq.
 P.O. Box 3947
 Beaumont, TX  77704-3947

 APPEARANCE FOR DR. CLEVELAND:          David P. Oliver, Esq.
 P.O. Box 573
 Gulfport, MS 39502-0573

This mail dispute was forwarded for resolution pursuant to Domestic Mail Manual ("DMM") § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. The mail in dispute is addressed to one of the following:

Biloxi Therapy, Inc.
P.O. Box 4671
Biloxi, MS 39535-4671


Biloxi Testing & Rehabilitation, Inc.
P.O. Box 4601
Biloxi MS 39535-4601


Long Beach Therapy
P.O. Box 975
Long Beach, MS 39560-0975


Long Beach Testing & Rehabilitation, Inc.
P. O. Box 976
Long Beach, MS 39560-0976


Ocean Springs Therapy, Inc.
P.O. Box 782
Ocean Springs, MS 39564-0782


Ocean Springs Testing & Rehabilitation, Inc.
P.O. Box 1966
Ocean Springs, MS 39564-1966

Dr. Robert O'Neal and Dr. Lance Cleveland have both filed submittals as required by 39 C.F.R. § 965.5. Neither party has filed a comment as permitted under 39 C.F.R. § 965.6. The following findings of fact and conclusions of law are based upon the submittals filed by the parties and the documentation forwarded by the Office of Field Legal Services.

1. Dr. Robert O'Neal is the president and sole shareholder of Biloxi Therapy, Inc., Biloxi Testing & Rehabilitation, Inc., Long Beach Therapy, Long Beach Testing & Rehabilitation, Inc., Ocean Springs Therapy, Inc., and Ocean Springs Testing & Rehabilitation, Inc. ("the Corporations").

2. Dr. Cleveland is not an officer, shareholder, or director of any of the Corporations. Each of the Corporations has a lease agreement with Coastal Chiropractic Centres, P.A, of which Dr. Cleveland is president. Dr. Cleveland was at one time authorized to retrieve the mail from post office boxes maintained by the Corporations, but this authorization was subsequently revoked.

1. Section 153.41 of the Domestic Mail Manual provides that if disagreement arises as to where mail addressed to an organization should be delivered, "it must be delivered according to the order of the organization's president or equivalent official". The uncontroverted evidence in this case shows that Dr. Robert O'Neal is the president of all of the Corporations whose mail is in dispute herein.

2. I find that the mail addressed to Biloxi Therapy, Inc., Biloxi Testing & Rehabilitation, Inc., Long Beach Therapy, Long Beach Testing and Rehabilitation, Inc., Ocean Springs Therapy, Inc., or Ocean Springs Testing & Rehabilitation, Inc., should be delivered in accordance with the instructions of Dr. Robert O'Neal.

3. This decision determines the right to delivery of the mail in dispute, and not its ownership. In the event that any party receives mail clearly intended for another, that party is responsible for forwarding such mail to the intended party.

4. The attached proposed mail delivery order should be issued.

                                        Judith A. Dowd
                                        Acting Chief Administrative law Judge