In the Matter of a Mail Dispute ) August 17 1994 Between: ) ) AARON J. SMITH ) ARNOLD J. SMITH, III ) QUAD MEDIA ) ) and ) ) BERNARD LaFLEUR ) P.S. Docket No. MD 94-7 APPEARANCE FOR AARON J. SMITH and ARNOLD J. SMITH, III: R. Rodman Layman, Esq. Crowell, Nuckols, Layman & Aust Crowell Building West Court Square PO Box 190 Pulaski, VA 24301-0190 APPEARANCE FOR BERNARD LaFLEUR: Bernard LaFleur 4721 Starkey Road Roanoke, VA 24014-4000
INITIAL DECISION
The United States Postal Service Law Department has referred this mail dispute to this office for resolution in accordance with the Domestic Mail Manual Transition Book §153.721(c). The mail in dispute is that addressed to Quad Media, P.O. Box 1084, Pulaski, VA 24301-1084. Disputants Aaron and Arnold Smith have filed the sworn statement required by 39 C.F.R. §965.5 and comments permitted by 39 C.F.R. §965.6. Disputant LaFleur has filed an unsworn statement. The following findings of fact and conclusions of law are based on the submittals of the parties1 and the documents forwarded by the Law Department.
FINDINGS OF FACT
1. In June 1993, Disputants LaFleur and Arnold Smith formed an informal partnership and began doing business under the name Quad Media or Quad Media Associates. There is no evidence either partner had previously used the name Quad Media. There is also no evidence that Disputant Aaron Smith was ever associated with the others as a partner.
2. In July 1993, Disputant Aaron Smith opened the disputed post office box on behalf of the partnership, Quad Media, and named Arnold Smith and Bernard LaFleur as authorized to receive mail addressed to the box.
3. On April 17, 1994, the partnership dissolved after the partners were unable to reach agreement with respect to the proper split of partnership proceeds. The former partners then filed conflicting requests for the forwarding of mail addressed to P.O. Box 1084.
4. On April 18, 1994, Disputants Arnold and Aaron Smith filed a "Doing Business Under a Fictitious Name" certificate with the Circuit Court of Pulaski County for the name "Quad Media (A Multi-Media Solutions Company)."
5. On May 12, 1994, the name "Quad Media" was registered as a trademark or service mark with the Commonwealth of Virginia by Mr. LaFleur.
6. Mr. LaFleur has filed an action against Messrs. Smith in the Circuit Court of Pulaski County, seeking monetary and other relief against them. The record does not indicate that the court has granted any such relief at this time.
Conclusions of Law
1. Disputant LaFleur did not submit a sworn statement as required by 39 C.F.R. §965.5 and is, therefore, technically in default under 39 C.F.R. §965.7. Nonetheless, Mr. LaFleur's unsworn submittal has been considered in reaching this decision.
2. Dissolution of a partnership does not terminate the partnership for all purposes. A partner is entitled to wind up the partnership affairs, Va. Code § 50-33, and may receive the partnership mail for that purpose. Brian Eiland P.S. Docket No. MD-97 (I.D. October 2, 1990).
3. Based on the filing of the fictitious name certificate by Arnold and Aaron Smith, I conclude that they intend to carry on the business established by Arnold Smith and Bernard LaFleur, including those activities necessary to wind up the previous informal partnership between the latter two gentlemen. Accordingly, it is more appropriate that mail addressed to the partnership be delivered to Arnold Smith.
4. This decision establishes only the right to receive mail addressed to Quad Media at the disputed address. It does not establish ownership of the mail. If Mr. Smith receives mail intended for Mr. LaFleur, he is to ensure that such mail is promptly forwarded to Mr. LaFleur. Further, if a court issues an Order addressing the right to receive mail, the mail is to be delivered in accordance with that Order.
5. The attached delivery order should be issued.
David I. Brochstein Administrative Judge
Text of Order: "Mail addressed to Quad Media at P.O. Box 1084, Pulaski, VA 24301-1084 is to be delivered as directed by Arnold J. Smith, III."