In the Matter of a Mail Dispute		) June 26, 1997
					)
WILLIAM K. BLOCHER			)
					)
	and				)
					)
PRESAGE CORPORATION			) P.S. Docker No. MD 97-154

APPEARANCE FOR				Frank J. Frisoli, Jr., Esq.
    WILLIAM K. BLOCHER:			Frisoli and Frisoli
					801 Cambridge Street
					Cambridge, MA  02141-1428

APPEARANCE FOR				Charles R. Parrot, Esq.
    PRESAGE CORPORATION:		Nutter, McClennen & Fish, LLP
					One International Place
					Boston, MA  02110-2699

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 7, August 1, 1996) §616.21, 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 BBC or BBC COMPUTERS or BBC COMPUTERS, INC., 7 Columbia Circle, Merrimack, NH 03054-4161, is now being held by the postmaster at Merrimack, New Hampshire. Both Disputants submitted sworn statements and accompanying documents in support of their positions, as required by 39 C.F.R. §965.5. The following Findings of Fact and Conclusions of Law are based on the sworn statements and accompanying documents, as well as on information from the Postal Service that was included in the file referred to the Judicial Officer.

FINDINGS OF FACT

1. William K. Blocher is president and the sole shareholder of BBC Computers, Inc., a New Hampshire Corporation (Blocher Affidavit). In June of 1995, BBC Computers, Inc., entered into an agreement with Presage Corporation which provided that Presage Corporation would take over and liquidate certain assets of BBC Computers, Inc., and lease the space at 7 Columbia Circle, Merrimack, New Hampshire, then occupied by BBC Computers, Inc. Pursuant to this agreement, Mr. Blocher became an employee of Presage Corporation, where he continued to work until his voluntary resignation in February of 1996. (Lockwood Affidavit).

2. The assets of BBC Computers, Inc., included in this agreement were:

 	"All inventory, raw materials, goods in process, finished
	goods, machines, machinery, furniture, furnishings,
	fixtures, vehicles, equipment, accounts receivable, book
	debts, notes, chattel paper, acceptances, rebates,
	incentive payments, drafts, contracts, contract rights,
	choses in action, and general intangibles, whether now
	owned or hereafter acquired, and all attachments,
	accessions and additions thereto, substitutions,
	accessories, and equipment therefor, and replacements
	and proceeds."

	(Lockwood Affidavit, Exhibit D).	

4. Nevertheless, the corporation, BBC Computers, Inc., ceased doing any business under its corporate name. All sales and manufacturing of computer hardware and software as well as services previously accomplished by BBC Computers, Inc., were thereafter accomplished by Presage Corporation, and at the same address. The business was operated under the name "BBC Computers, A Presage Company." However, many of the vendors and the customers of the former business entity "BBC Computers, Inc.," would use various iterations of the name "BBC Computers, Inc.," and "Presage Corporation," when addressing mail to the business. These iterations include, "BBC Computers, a Presage Company," "BBC Computers, Inc., a Presage Company," "BBC Computers/Presage Computers," "BBC Computers, Inc., Presage Corporation," "Presage Corporation (BBC)," "BBC Presage Corporation d/b/a BBC Computers, Inc.," or simply, "BBC Computers, Inc." (Lockwood Affidavit).

5. On March 1, 1997, Mr. Blocher filed a change of address form for BBC Computers, Inc., requesting that all mail addressed to the corporation at 7 Columbia Circle, Merrimack, NH, be forwarded to 643 Broadway, Saugus, MA, thereby precipitating this mail dispute.

DECISION

Mr. Blocher argues that, as the president of the corporation, BBC Computers, Inc., he has the right to direct delivery of mail to that corporation. Mr. Lockwood, who is the Chief Executive Officer of Presage Corporation, argues that his company purchased all the assets of BBC Computers, Inc., and commenced operating the business formerly conducted by BBC Computers, Inc., at the same address, and that mail continues to be sent to the business at that address with various iterations of the name "BBC Computers, Inc."

While it is true that in normal circumstances, the president of a corporation has the right to direct delivery of mail addressed to that corporation (See Domestic Mail Manual §D042.4.1, January 1, 1997), it is paramount that mail be delivered to its intended recipient. See Reynolds v. Conrad, P.S. Docket No. MD 96-211; Mendoza v. Travers, P.S. Docket No. MD 96-12. In this case, BBC Computers, Inc., ceased doing business as a separate corporate entity in June of 1995, when it entered into an agreement with Presage Corporation. Thereafter, the business was conducted under the name "BBC Computers, a Presage Company." (Finding of Fact No. (FOF) 4). At the same time, Mr. Blocher, the president of BBC Computers, Inc., became an employee of Presage Corporation (FOF 1). From June of 1995, until this dispute arose in March of 1997, customers and vendors continued to send mail to the same location by addressing the mail to various iterations of the names "BBC Computers, Inc." and "Presage Corporation" (FOF 4).

I conclude, therefore, that those sending mail to various iterations of the names, "BBC Computers, Inc.," and "Presage Corporation," at 7 Columbia Circle, Merrimack, NH, would most likely intend to have that mail delivered to the business still being operated at that location. Since Presage Corporation continues to operate the business from the disputed address, I conclude that mail is to be delivered as addressed or as directed by Mr. Lockwood, the Chief Executive Officer of Presage Corporation.

This decision addresses only the right to delivery of the mail. It does not purport to address the question of ownership of the mail, nor does it address ownership of the name, "BBC Computers, Inc." To the extent mail addressed to BBC Computers, Inc., is delivered to Presage Corporation at 7 Columbia Circle, Merrimack, NH, and it is mail intended solely for the corporate entity "BBC Computers, Inc.," or is the personal mail of Mr. Blocher, that mail should be promptly forwarded to Mr. Blocher.

The attached delivery order should be issued.

						William K. Mahn
						Administrative Judge