In the Matter of a Mail Dispute		)	February 17, 1994
Between:				)
					)
GEORGE BRANSFORD			)
					)
	and				)
					)
TIM SMYTHE				)	P. S. Docket No. MD-211

APPEARANCE FOR
GEORGE BRANSFORD:			None

APPEARANCE FOR
TIM SMYTHE:				Glenn D. Phillips, Esq.
					Hearne & Phillips, L.L.P.
					1003 Stone Road
					Kilgore, TX 75662-5477

The Memphis Law Office, United States Postal Service, has referred this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) Transition Book §153.721 (c). The mail in dispute is that addressed to Renewable Oil Service, Inc., and George Bransford, P.O. Box 1031, Kilgore, TX 75662-1031. Disputant Tim Smythe, on behalf of Renewable Oil Services, Inc., has made the submittal required by 39 C.F.R. §965.5. Disputant George Bransford has not filed either the required submittal or comments on the submittal of Mr. Smythe. The findings of fact and conclusions of law which follow are based on Mr. Smythe's submittal and on the documents forwarded by the Memphis Law Office.

FINDINGS OF FACT

1. Renewable Oil Services, Inc. (Renewable), was incorporated in December 1990. P. M. Tisdale was the sole shareholder of the corporation. In 1991 he hired Disputant George Bransford as General Manager and his wife, Rebecca Bransford, as Office Manager. Mr. Tisdale directed Mrs. Bransford to open a post office box for the company. As a result, P. O. Box 1031, the address in dispute, was rented by Mrs. Bransford. However, the P. O. Box was opened in the names of Mr. and Mrs. Bransford, rather than in Renewable's name.

2. Renewable has used the disputed address as its mailing address since the P. O. Box was rented.

3. In August 1993, all of the stock in the corporation was sold by Mr. Tisdale to Disputant Tim Smythe.⁽¹⁾

4. On November 18, 1993, Mr. and Mrs. Bransford's employment with Renewable was terminated. On November 19, 1993, Mrs. Bransford filed a Change of Address Order directing that mail addressed to George Bransford at P.O. Box 1031 be forwarded to a different address. On November 18, 1993, Mr. Smythe, as president of Renewable, asked that all mail addressed to P.O. Box 1031 be frozen until further notice.

CONCLUSIONS OF LAW

1. Disputant George Bransford has failed to make the submittal required in 39 C.F.R. §965.5 and is in default under 39 C.F.R. §965.7.

2. The evidence shows that when P. O. Box 1031 was rented, it was rented on behalf of Renewable Oil Services, Inc., even though Mr. and Mrs. Bransford's names appeared on the application form. The evidence shows that the P. O. Box has been used as Renewable's mailing address since it was rented. The evidence does not show that the P. O. Box has been used by Mr. Bransford to receive personal mail.

3. DMM §D042.4.1 provides that mail addressed to former employees of an organization at the address of the organization is to be delivered to the organization. Further, in case of dispute, the mail is to be delivered as directed by the president of the organization. In this instance, Disputant Tim Smythe is the president of Renewable and may control the delivery of mail addressed to P.O. Box 1031, the mailing address of the corporation.

4. Resolution of this mail dispute determines only the right to delivery of the mail. It does not determine the question of ownership of the mail or the contents thereof. If Mr. Smythe receives any personal mail intended for Mr. Bransford, he should see that such mail is forwarded to him.

5. The attached delivery order should be issued.

					David I. Brochstein
					Administrative Judge