In the Matter of a Mail Dispute		)  March 27, 1995
Between:				)
					)
JIMMY W. FAULKNER			)
					)
	and				)
					)
JACK W. McCURRY				)  P. S. Docket No. 95-15


APPEARANCE FOR JIMMY W. FAULKNER:	None.

APPEARANCE FOR JACK W. McCURRY:		Jack W. McCurry
					(Address Withheld)

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §53.721c, 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 Faulkner Sharpening Service, 520 Industrial Drive, Ste. A3, Woodstock, GA 30188-5260, is now being held by the Postmaster at Woodstock, Georgia. Action on this case was delayed approximately six weeks due to inability to determine a proper address for delivery of the Notice of Docketing to Mr. Faulkner. The case file shows that the Notice and accompanying documents were delivered to Mr. Faulkner on March 2, 1995. Neither disputant has submitted a sworn statement and supporting documents, as required by 39 C.F.R. §965.5, although Mr. McCurry did submit a letter dated January 29, 1995. The following Findings of Fact and Conclusions of Law are based on Mr. McCurry's letter, and other documents forwarded by the field counsel.

FINDINGS OF FACT

1. The two disputants, Mr. McCurry and Mr. Faulkner, became partners in the business known as Faulkner Sharpening Service in July 1993. Mr. McCurry's letter states that an agreement was signed at a lawyer's office, but there is no copy of the agreement in the file.

2. A dispute between the partners involving financial and other matters, as well as delivery of the mail, began at least as early as March/April 1994, as evidenced by two conflicting Change of Address orders (PS Form 3575).

3. Mr. McCurry has moved from the local area and now resides in another state.

4. Although made as part of his argument about the underlying dispute, and not intended as a concession over delivery of mail, Mr. McCurry's letter states that Mr. Faulkner now "has full control of the business."

CONCLUSIONS OF LAW

1. Although Mr. McCurry did submit a letter in this dispute, it deals almost entirely with the underlying business and personal feud between the parties, and has little bearing on the mail dispute.

2. Because Mr. McCurry has departed from the state and left Mr. Faulkner in "full control of the business," mail addressed to Faulkner Sharpening Service should be delivered as directed by Mr. Faulkner.

3. This decision deals only with delivery of the disputed mail. It does not resolve any underlying financial or property dispute between the parties. It also deals only with mail addressed to Faulkner Sharpening Service. Any mail addressed personally to Mr. Faulkner or Mr. McCurry should be delivered to the named addressee.

4. The attached delivery order should be issued.

					Bruce R. Houston
					Administrative Law Judge

PROPOSED ORDER

TO THE POSTMASTER AT:	WOODSTOCK, GA  30188-9998

		  RE:	Mail Dispute Between:

			JIMMY W. FAULKNER
				and
			JACK W. McCURRY

			P. S. Docket No. MD 95-15

All mail addressed to Faulkner Sharpening Service, 520 Industrial Drive, Ste. A3, Woodstock, GA 30188-5260 is to be delivered as directed by Jimmy W. Faulkner.

					James A. Cohen
					Judicial Officer

PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER