Appeal of -- P.S. Docket No. MD-209 -- BONNIE PRICE LUEDTKE and BRENDA HALL

Administrative Law Judges

In the Matter of a Mail Dispute Between		)     January 28, 1994
						)
BONNIE PRICE LUEDTKE				)
						)
	and					)
						)
BRENDA HALL					)     P.S. Docket No. MD-209

APPEARANCE FOR BONNIE LUEDTKE: 			Rolf H. Nycklemoe, Esq.
						Nycklemoe, Ellig & Hagstrom
						106 East Washington - P.O. Box E
						Fergus Falls, MN  56538-0960

APPEARANCE FOR BRENDA HALL:			Robert C. Wise, Esq.
						Suite 604 / Penn Tower
						25 West Third Street
						Williamsport, PA  17701-6512

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book ("DMM") §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 L & J Freight, P.O. Box 127, Vergas, Minnesota 56587-0127. Both claimants to the mail filed submittals consisting of sworn statements with attachments. Neither filed comments to the other's submittal as permitted by 39 C.F.R. §965.6. The disputed mail is currently being held by the Vergas Postmaster.

The findings that follow are based on the parties' submittals and information from field counsel.

Findings of Fact

1. On May 1, 1993, Ms. Luedtke, then known as Bonnie Price, contracted to sell her company, C & J Freight of Perham, Minnesota, to Ms. Hall, the owner of Hall Trucking of Watsontown, Pennsylvania, for $5000. The sale included the accounts of C & J Freight and the exclusive use of the trade name C & J Freight.

2. As part of the contract of sale ("Contract"), Hall Trucking agreed to hire Ms. Luedtke as office manager at its Midwest terminal in Dent, Minnesota, for four years at a starting salary of $450 per week. Ms. Luedtke agreed not to be affiliated with any other transportation company during the term of her employment with Hall Trucking. The Contract provided:

"At such time as said employment is terminated, regardless of the reason or conditions of termination, Bonnie Price [Luedtke] agrees that she will not contact any customers of Hall Trucking for a period of two years."

3. At some time after entering the agreement with Hall Trucking, Ms. Luedtke established L & J Freight, and on July 23, 1993, rented Post Office Box 127, Vergas, Minnesota, on behalf of L & J Freight.

4. Ms. Hall bases her claim to mail addressed to L & J Freight at Box 127 on her contention that Ms. Luedtke, in violation of her agreement in the Contract, has contacted customers of C & J Freight and Hall Trucking for the purpose of soliciting and conducting business for L & J Freight.

5. Ms. Luedtke contends the Contract is no longer binding because Ms. Hall failed to comply with her obligation to pay Ms. Luedtke $450 per week.

Conclusions of Law

1. Resolution of this dispute determines only the right to delivery of mail addressed to L & J Freight at P.O. Box 127, Vergas, Minnesota. The Postal Service does not determine who is entitled to the contents of the mail. Therefore, it is not necessary to decide whether either or both of the parties are in violation of their obligations under the Contract.

2. Section 153.41 of the DMM provides that mail addressed to an organization will be delivered to the organization or as directed by the president or equivalent official of the organization.

3. As the owner of L & J Freight, Ms. Luedtke is entitled to delivery of mail addressed to L & J Freight at Box 127, which she obtained for the business. Ms. Hall has shown no ownership or other interest in L & J Freight that would entitle her to mail addressed to the company.

4. Moreover, it is most likely that those sending mail to L & J Freight at Box 127 intend that it be delivered to Ms. Luedtke. That is so even if the mail were sent in response to a solicitation or business activity that violated the Contract.

5. The attached mail delivery order should be issued.

						Norman D. Menegat
						Administrative Judge