In the Matter of a Mail Dispute Between	)  October 29, 1993
					)
MAUDE ALICE BERRY			)
TYBEE ISLAND WOMEN'S COUNCIL		)
					)
	and				)
					)
CHARLES CORCORAN			)  P.S. Docket No. MD-199 

 
Appearance for Ms. Berry:		None

Appearance for Mr. Corcoran:		Charles Corcoran
					316 Redan Drive
					Battery Point, Wilmington Island
					Savannah, GA  31410-2074

The attached Initial Decision of the Administrative Judge dated October 29, 1993, may be appealed to the Judicial Officer of the Postal Service by filing exceptions thereto within ten (10) days from the date of receipt of the Initial Decision. Notice of Appeal containing exceptions shall be filed with the Recorder, United States Postal Service, 475 L'Enfant Plaza, SW, Room 10902, Washington, DC 20260-6100.

If no appeal is taken within the prescribed time, the Initial Decision shall become final unless the Judicial Officer reviews the matter on his own motion.

					Norman D. Menegat
					Administrative Judge

In the Matter of a Mail Dispute Between	)  October 29, 1993
					)
MAUDE ALICE BERRY			)
TYBEE ISLAND WOMEN'S COUNCIL		)
					)
	and				)
					)
CHARLES CORCORAN			)  P.S. Docket No. MD-199 

 
 
Appearance for Ms. Berry:		None

Appearance for Mr. Corcoran:		Charles Corcoran
					316 Redan Drive
					Battery Point, Wilmington Island
					Savannah, GA  31410-2074

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book § 153.72, which requires the chief field counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Tybee News, P. O. Box 1836, Tybee Island, Georgia 31328-1836.¹   Mr. Corcoran filed a submittal consisting of an unsworn statement with attachments. Neither Ms. Berry nor the Tybee Island Women's Council filed a submittal pursuant to 39 C.F.R. § 965.5 or comments to Mr. Corcoran's submittal as permitted by 39 C.F.R. § 965.6. The disputed mail is currently being held by the Postmaster, Tybee Island.

The following findings of fact and conclusions of law are based upon the referral letter and attachments submitted by Postal Service counsel and Mr. Corcoran's submittal.

FINDINGS OF FACT

1. The Tybee News, a monthly newspaper published in Tybee Island, Georgia, was started through the efforts of the Tybee Island Women's Council.

2. In June or July of 1993, Mr. Corcoran assumed operation of the newspaper from its previous editor. He rented office space for that purpose and registered the name Tybee News as a trade name under Georgia law, listing himself as owner.

3. Mr. Corcoran's predecessor as editor had rented Box 1836 for use by the newspaper, and when Mr. Corcoran assumed control of the business, he reimbursed the former editor for the remaining term of the box rental. When the post office moved into new quarters recently, Mr. Corcoran completed the updated box application that was required of all boxholders.

4. In August 1993, Ms. Berry, writing for the Tybee Island Women's Council, notified Mr. Corcoran that he was no longer the editor of the Tybee News and asked that he return all property belonging to the Tybee Island Women's Council, including the name Tybee News, financial records and the keys to Box 1836.

5. A September 1993 publication identified as the Tybee News mentions that the editor has been replaced, and lists persons other than Mr. Corcoran as the operators of the newspaper. However, Mr. Corcoran also published a September 1993 issue identified as the Tybee News in which he is listed as editor.

6. Both parties have claimed mail addressed to the Tybee News at Box 1836.

CONCLUSIONS OF LAW

1. Ms. Berry and the Tybee Island Women's Council did not file the submittal required by 39 C.F.R. § 965.5 and thus are in default under 39 C.F.R. § 965.7. That default would be sufficient to warrant directing that the mail be delivered to Mr. Corcoran. 39 C.F.R. § 965.7.

2. The nature of the relationship between the Council and the Tybee News and between Mr. Corcoran and the Council is not apparent in the record. It has not been shown that the Council owns or otherwise controls the Tybee News or that Mr. Corcoran was subject to removal as editor by the Council. What is shown is that Mr. Corcoran assumed control of the Tybee News and Box 1836 and continues to operate a newspaper using the name Tybee News and the post office box. The Council initially acquiesced in Mr. Corcoran's succession to the operation of the Tybee News, including use of Box 1836, and the Council has not shown that it has a superior right to the mail addressed to the Tybee News at Box 1836.

3. Also, as the successor to the operation of the Tybee News and its editor for the last three to four months, Mr. Corcoran is likely the intended recipient of mail addressed to the Tybee News at Box 1836.

4. For the reasons set forth above, Mr. Corcoran is entitled to receive mail addressed to the Tybee News at P. O. Box 1836, Tybee Island, Georgia.

5. This decision resolves the issue of delivery of the disputed mail but does not determine the ownership of the mail. Mr. Corcoran is responsible for assuring that any mail he receives pursuant to this decision that is intended for the Council or Ms. Berry is delivered to the proper party.

6. The attached mail delivery instruction should be issued.

					Norman D. Menegat
					Administrative Judge

TO THE POSTMASTER AT:	Tybee Island, GA  31328-9998

		  RE:	Mail Dispute Between:

			MAUDE ALICE BERRY 
			TYBEE ISLAND WOMEN'S COUNCIL
					and
			CHARLES CORCORAN 
			P.S. Docket No. MD-199

Mail addressed to TYBEE NEWS at P. O. Box 1836, Tybee Island, GA 31328-1836, which is currently being held or hereafter received, is to be delivered as directed by Charles Corcoran.

					James A. Cohen
					Judicial Officer