Appeal of P.S. Docket No. MD 97-261 -- MS. CLYDIA KOEN and REV. S. W. OLIVER

Administrative Law Judges

In the Matter of a Mail Dispute		)	August 26, 1997
Between					)
					)
MS. CLYDIA KOEN				)
					)
	and				)
					)
REV. S. W. OLIVER			)	P.S. Docket No. MD 97-261


APPEARANCE FOR MS. KOEN:		Clydia Koen                    
					601 Washington Avenue
					Cairo, IL 62914-2228

APPEARANCE FOR REV. OLIVER:		Rev. S. W. Oliver
					310 18th Street
					Cairo, IL 62914-1998

INITIAL DECISION

This mail dispute has been docketed pursuant to Postal Operations Manual (POM7, August 1, 1996) Section 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 Little Egypt Housing Development Corporation, or Little Egypt Apartments, at 310 18th Street, P.O. Box 168, Cairo, IL 62914-0168, is being held by the Cairo Postmaster.

Both disputants have submitted sworn statements, and other documents in support of their claims, as required by 39 C.F.R. §965.5. On August 22, 1997, Rev. Oliver filed a copy of a court order that controls the result in this matter. The following findings of fact are based on all the materials submitted by both parties, including that forwarded by the Postal Service Law Department in Chicago.

FINDINGS OF FACT

1. Little Egypt Housing Development Corporation is a Not-for-Profit Illinois corporation. Both Ms. Koen and Reverend Oliver are members of the Board of Directors.

2. Early in 1997 a dispute arose between two factions of the Board of Directors over the management of the corporation. A lawsuit was filed in the Circuit Court for Alexander County, Illinois. Rev. Oliver was one of the named plaintiffs and Ms. Koen was one of the named defendants.

3. In its decision on May 30, 1997, reduced to a written Judgment, dated June 17, 1997, the court ruled that certain actions taken by the defendants to remove some Board members and replace them with others were "illegal and without legal effect." The court enjoined defendants from asserting that the membership of the Board had been changed, "until successor members of the Board of Directors are elected at a corporation membership meeting called and conducted in compliance with the corporation's by-laws."

4. This did not end the dispute, however, and each group purported to hold corporate meetings and take action on behalf of the corporation. On June 20, 1997, Ms. Koen submitted a PS Form 3575, Change of Address Order, directing that the corporation's mail be delivered to 601 Washington Avenue, thus precipitating this mail dispute.

5. On August 12, 1997, the Circuit Court issued an Order stating that the parties had reached agreement on several points, which agreement the court found to be fair and reasonable. Included in the agreement, and in the court's Order, is the following:

The Court further Orders that the Defendants Clydia

Koen and A. M. Brooks immediately notify the United States

Postal Service that it is authorized to release the mail of the

Corporation to Little Egypt Housing Development Corporation

at 310 18th Street P.O. Box 168, Cairo, IL 62914 and that any

objections or claims to the mail by the Defendants are hereby

withdrawn.

DECISION

Postal regulations provide that mail will be delivered in accordance with a court order that directs delivery of mail. Domestic Mail Manual (DMM) §D042.6.3. Accordingly, mail addressed to Little Egypt Housing Development Corporation, or Little Egypt Apartments, at 310 18th Street, P.O. Box 168, Cairo, IL 62914, should be delivered as addressed.

This decision deals only with delivery of mail. It does not resolve any other dispute between the parties.

The attached mail delivery order should be issued.

					Bruce R. Houston
					Chief Administrative Law Judge