In the Matter of a Mail Dispute		) July 31, 1995
Between					)
					)
GARY A. McCAULEY			)
					)
  and					)
					)
DARRELL CONNERTON			)
CALCON MANAGEMENT, INC.			) P.S. Docket No. MD 95-220

APPEARANCE FOR
DISPUTANT McCAULEY:			J. Scott Bennett, Esq.
					Law Offices of J. Scott Bennett
					506 W. Graham Avenue, Suite 104
					Lake Elsinore, CA 92530-3600

APPEARANCE FOR
DISPUTANTS CONNERTON and
CALCON MANAGEMENT, INC.:		Mark C. Reichman, Esq.
					Law Offices of
					Carpello, Wishart, Hall & Smith
					324 South Brea Boulevard
					Brea, CA 92621-5336

INITIAL DECISION

The United States Postal Service Law Department has referred this mail dispute to this office for resolution. The mail in dispute is that addressed to STEEL BY THE PIECE, 570 Central Street, Lake Elsinore, CA 92530-2741. Disputant Connerton has submitted a declaration under penalty of perjury, which is the equivalent of the sworn statement required by 39 C.F.R. §965.5.⁽¹⁾ Disputant McCauley did not file any statement. The following findings of fact and decision are based on Mr. Connerton's declaration and on the documents forwarded by the Law Department.

FINDINGS OF FACT

1. On September 25, 1994, Cary Allen Little-O'Brien and Disputants McCauley and Calcon Management, Inc. (Calcon) entered into an agreement forming a partnership known as "STEEL BY THE PIECE." Under paragraph 4.01 of the partnership agreement, Calcon was to serve as the Managing General Partner for the partnership with responsibilities including "management, operation and control of the PARTNERSHIP and the business of the PARTNERSHIP." Disputant Connerton is the acting president of Calcon. (Connerton Declaration; Partnership Agreement).

2. The partnership agreement provided that the partnership could be dissolved "upon agreement of THE PARTNERS." The agreement also allowed the sale or assignment of a partner's interest, but provided the partnership with a right of first refusal. (Partnership Agreement).

3. In an April 28, 1995 letter to Calcon, counsel for Mr. McCauley stated that the partnership agreement had been breached by Calcon and that Mr. McCauley elected to dissolve the partnership. However, the partnership is continuing to conduct ordinary business operations, notwithstanding Mr. McCauley's letter. (Letter from J. Scott Bennett; Connerton Declaration).

DECISION

Disputant McCauley has failed to file the statement required by 39 C.F.R. §965.5 and is, therefore, in default under 39 C.F.R. §965.7.

Further, under the terms of the partnership agreement, the partnership may be dissolved only by the agreement of the partners. I interpret this provision to require at least a majority of the partners to agree to the dissolution. Therefore, Mr. McCauley's unilateral attempt to dissolve the partnership was ineffective.

Calcon's responsibilities as managing general partner include the right to receive mail addressed to the partnership. Mr. Connerton, as acting president of Calcon, has the authority to exercise Calcon's right to receive the mail. Accordingly, I conclude that mail addressed to the partnership is to be delivered as directed by Mr. Connerton.

This decision addresses only the right to delivery of the mail. It does not decide the question of ownership of the mail. If mail intended for Mr. McCauley personally and not as a partner in STEEL BY THE PIECE is received by Mr. Connerton, Mr. Connerton is to have it forwarded promptly.

The attached delivery order should be issued.

						David I. Brochstein
						Administrative Judge