In the Matter of a Mail Dispute		) May 8, 1996
Between					)
					)
BYRON AULICK				)
BUSINESS AUTOMATION, INC.		)
					)
	and				)
					)
PAT FELICIANO				)
INTERGROUP BUSINESS			)
ASSOCIATES, INC.			) P.S. Docket No. MD 96-100

APPEARANCE FOR BYRON AULICK and
BUSINESS AUTOMATION, INC.:		Byron Aulick
					5847 Poplar Hall Dr., Ste. 106
					Norfolk, VA 23502-3829

APPEARANCE FOR PAT FELICIANO and
INTERGROUP BUSINESS
ASSOCIATES, INC.:			C. Kent Allison, Esq.
					Allison & Edge, P.C.
					770 Lynnhaven Pkwy., Ste. 135
					Virginia Beach, VA 23452-7324

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 Business Automation, Inc., 851 Seahawk Circle, Suite 102, Virginia Beach, Virginia 23452-7828. The mail is currently being held by the Virginia Beach Postmaster.

Pat Feliciano filed a sworn statement as required by 39 C.F.R. §965.5. Byron Aulick did not file a submittal, but he filed a brief sworn statement in response to Mr. Feliciano's submittal. The following findings of fact are based on the parties' submissions and information from the Postal Service that was included in the file referred to the Judicial Officer.

1. At least as early as February 1995, Mr. Feliciano operated a business known as Business Automation or Business Automation Southeast (or "SE") in space leased by Mr. Feliciano at 851 Seahawk Circle, Suite 102, in Virginia Beach. Business Automation and Business Automation Southeast were part of Intergroup Business Associates, Inc., a Virginia corporation owned by Mr. Feliciano.

2. At least by September 1995, Mr. Aulick was the owner of Business Automation, Inc., a Massachusetts corporation located in Worcester, Massachusetts.

3. In September 1995, Mr. Aulick sold the assets of Business Automation, Inc., to Intergroup Business Associates, Inc., and joined Mr. Feliciano as an employee and minor stockholder (2%) of Intergroup Business Associates, Inc., at the disputed address.

4. Disputes arose between the two, and Mr. Aulick left Intergroup in December 1995.

5. In January 1996, business operations at the disputed address ceased. Mr. Aulick, on January 25, 1996, submitted a Change of Address Order to the Virginia Beach Post Office directing that mail addressed to Business Automation, Inc., at the disputed address be forwarded to him. On January 29, 1996, a Change of Address Order was submitted on Mr. Feliciano's behalf asking that mail addressed to Business Automation SE at the disputed address be forwarded to him.⁽¹⁾

1. Mr. Aulick has specifically limited his request to mail addressed to Business Automation, Inc., at 851 Seahawk Circle, Suite 102. Therefore, other mail for that address is not in dispute and should be forwarded as requested by Mr. Feliciano.

2. Neither party has demonstrated that he ever conducted business from 851 Seahawk Circle, Suite 102, using the name Business Automation, Inc. Although Mr. Aulick established that he owned a Massachusetts corporation named Business Automation, Inc., he did not show that he ever conducted or was authorized to conduct business in Virginia using that name. Furthermore, he has not shown that he was more than an employee and minor shareholder of Mr. Feliciano's company operating at 851 Seahawk Circle, Suite 102, and, therefore, he has failed to establish any basis for allowing him to control delivery of any mail addressed to 851 Seahawk Circle, Suite 102.

3. As Mr. Feliciano was the owner of the business operated at 851 Seahawk Circle, Suite 102, he is entitled to direct delivery of the mail.

4. Accordingly, all mail addressed to Business Automation, Inc., 851 Seahawk Circle, Suite 102, as well as mail addressed to Business Automation or Business Automation Southeast (or "SE") at that address, is to be forwarded according to the direction of Mr. Feliciano.

5. Resolution of this dispute determines only the right to direct delivery of mail addressed to 851 Seahawk Circle, Suite 102. It does not determine the question of ownership of the mail nor does it attempt to resolve any other disputes between the parties. If Mr. Feliciano or Intergroup receives mail that is clearly intended for Mr. Aulick, they must assure that it is promptly delivered to him.

6. The attached mail delivery order should be issued.

						Norman D. Menegat
						Administrative Judge