In the Matter of a Mail Dispute Between	)    	January 20, 1995
					)
MARK SKAGGS				)
					)
    and					)
					)
MICHAEL R. PAINTNER          		)      	P.S. Docket No. MD 94-223


APPEARANCE FOR MR.  SKAGGS:		Dean T. Sandow, Esq.
					Farleigh, Wada & Witt, P.C.
					121 S.W. Morrison Street
					Suite 600
					Portland, OR 97204-3192

APPEARANCE FOR MR.  PAINTNER:		Michael R. Paintner
					1700 Britton Street
					West Linn, OR 97068-4414

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 Public Image Landscape Services, Inc., P.O. Box 6381, Aloha, Oregon 97007-0381. The mail is currently being held by the Aloha Postmaster.

Mr. Skaggs' attorney and Mr. Paintner submitted unsworn letters in this proceeding, but neither party submitted a sworn statement of the facts supporting his claim to the mail or copies of the documents on which he relies as required by section 965.5 of the rules applicable to mail disputes. See 39 C.F.R. §965.5. The following findings of fact are based on the parties' submissions and documents previously submitted by the parties to the Postal Service and included in the file referred to the Judicial Officer.

1. At least until July, 1994, Mr. Skaggs controlled and operated Public Image Landscape Services, Inc., a landscaping contractor, using P.O. Box 6381 in Aloha, Oregon as a business address. Mr. Skaggs was the president and sole director of the company.

2. In July of 1994, Public Image Landscape Services, Inc., Mark Skaggs, president, entered into an agreement or agreements with the Louden Corporation, Michael Paintner, president, to sell the landscaping business to Louden Corporation.^1/

3. Both sides contend the other breached the agreement(s).

4. Mr. Skaggs has possession of all of the shares of Public Image Landscape Services, Inc., stock.

1. Postal regulations provide that if disagreement arises regarding delivery of a corporation's mail, the mail shall be delivered according to the instructions of the president of the corporation. Domestic Mail Manual D042.4. 1.

2. Because Mr. Skaggs controlled Public Image Landscape Services, Inc., and was its president at least until an agreement for its sale was entered into and because Mr. Paintner has not shown that the sale has ever closed or that Mr. Skaggs is no longer president, mail addressed to Public Image Landscape Services, Inc., will be delivered as directed by Mr. Skaggs.

3. Additionally, as Mr. Skaggs operated the landscaping business known as Public Image Landscape Services, Inc., at least until July, 1994, and there is no showing that he no longer operates the business or that Louden Corporation has taken over operation of the business, it is likely that mail addressed to Public Image Landscape Services, Inc., is intended for him.

4. This decision deals only with delivery of the disputed mail. If Mr. Skaggs receives mail clearly intended for Mr. Paintner personally, he must assure that it is promptly delivered to Mr. Paintner.

5. The attached order should issue.

						Norman D. Menegat
						Administrative Judge

						PROPOSED ORDER



TO THE POSTMASTER AT:  	ALOHA OR 97007-9998

		  RE: 	Mail Dispute Between: 
			MARK SKAGGS
			    and
			MICHAEL R. PAINTER
			P. S. Docket No. MD 94-223

All mail addressed to Public Image Landscape Services, Inc., at P. 0. Box 6381, Aloha, Oregon 97007-0381,currently held or received in the future, is to be delivered as directed by Mark Skaggs.

						James A. Cohen
						Judicial Officer