Appeal of P. S. Docket No. MD 94-82 -- DAN ELY and LESTER LINVILLE

Administrative Law Judges

In the Matter of a Mail Dispute		)September 7, 1994
 Between:				)
					)
DAN ELY					)
					)
	and 				)
					)
LESTER LINVILLE				)P. S. Docket No. MD 94-82

APPEARANCDE FOR DAN ELY:		None.

APPEARANCE FOR LESTER LINVILLE:		None.

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §153.721c which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute, which is addressed to Clifford's Sons Trucking, 5310 West Lamar, Glendale, Arizona 85301-3435, and to Clifford's Sons Trucking, P. O. Box 1889, Glendale, Arizona 85311-1889, is now being held by the Glendale, AZ Postmaster. Neither disputant has submitted sworn statements in support of his claim, as reqired by 39 C.F.R. §965.5. The following Findings of Fact and Conclusions of Law are based on the documents forwarded by the Postmaster and the Law Department, San Bruno, California, Field Office.

FINDINGS OF FACT

1. On July 6, 1992, Mr. Ely and Mr. Linville entered into a lease agreement, as lessees, with Western Stucco Products Co., Inc. The premises leased, described as a warehouse type building, was at 5310 West Lamarr, Glendale, Arizona 85301. The lease was to run from July 15, 1992 through July 14, 1995.

2. The term "Clifford's Sons" or "Clifford's Sons Trucking" does not appear on the lease agreement, but Mr. Ely signed a "Pres," and Mr. Linville signed as "Vice Pres."

3. 5310 West Lamar Rd., Glendale, AZ 85301, is given as the business address for "Clifford's Sons" on City of Glendale business license forms for the years 1992, 93 and 94. The 1994 form also lists Mr. Ely's name and address. Mr. Linville's name does not appear on any of the forms.

CONCLUSIONS OF LAW

1. Domestic Mail Manual section DO42.4.1 states:

"All mail addressed to a governmental or nongovernmental organization or to an individual by name or title at the address of the organization is delivered to the organization, as is similarly addressed mail for former officials, employees, contractors, agents, etc. If disagreement arises where any such mail should be delivered, it must be delivered under the order of the organization's president or equvalent official."

2. Domestic Mail Manual section DO42.4.2 states:

Mail addressed to a governmental or nongovernmental official by title or by organization name, but not to the address of the organization, is delivered to the organization if the organization so directs."

3. As the 1992 lease agreement, together with the ligical inference drawn from the address of the leased premises, identified Mr. Ely as president of Cifford's Sons, and because no evidence has been presented to demonstrate that he is no longer president, Mr. Ely is deemed to have authority to direct delivery of mail addressed to Clifford's Sons or Clifford's Sons Trucking.

4. This decision deals only with the delivery of disputed mail. If Mr. Ely receiveds mail intended for Mr. Linville personally, he is responsible for promptly forwarding it to Mr. Linville.

5. Should either party obtain a court order directing delivery of mail, postal regulations provide that mail will be delivered in accordance with such order. Domestic Mail Manual §D042.6.3.

6. The attached mail delivery order should be issued.

					Bruce R. Houston
					Administrative Law Judge