In the Matter of a Mail Dispute ) October 21, 1997
Between )
)
JIM JOY )
)
and )
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NICHOLAS A. PYLE ) P.S. Docket No. MD 97-281
APPEARANCE FOR DISPUTANT JOY: James A. Joy
140 F Street, SE
Washington, DC 20003-2603
APPEARANCE FOR DISPUTANT PYLE: Nicholas A. Pyle
1223 Potomac Street, NW
Washington, DC 20007-3212
POSTAL SERVICE DECISION
On September 19, 1997, an Initial Decision was issued in which it was concluded that all mail being held or hereafter received addressed to H.M.S. Beagle Group, H.M.S. Beagle Log and H.M.S. Beagle Directory, 1223 Potomac Street, NW, Washington, DC 20007-3212 and 140 F Street, SE, Washington, DC 20003-2603 is to be delivered as directed by Disputant Pyle. Disputant Joy has filed an appeal from the Initial Decision.
In the Initial Decision, the Administrative Judge found that the partnership agreement between the parties permanently transferred ownership of the Beagle newsletter and its various components to Robert N. Pyle & Associates in exchange for specified payments, and the subsequent dissolution of the relationship did not change the parties’ ownership arrangement. Disputant Joy contends that the Administrative Judge’s understanding of the agreement does not accurately reflect the parties’ intent, that the agreement was no longer in effect and should not control the outcome of the dispute, and that the Postal Service should continue to hold all the mail because the parties are engaged in civil litigation which will decide who is entitled to the mail.(1)
Disputant Joy has not shown that the Administrative Judge’s interpretation of the partnership agreement and the effect of the subsequent dissolution of the partnership is clearly erroneous or that he is otherwise entitled to obtain delivery of the mail addressed to the Potomac street address. While the parties’ intent with regard to the effect of dissolution on the transfer of ownership is not free from all doubt, Disputant Joy has presented no evidence which shows that the Administrative Judge’s interpretation of the partnership agreement is unreasonable. Moreover, the Potomac Street address is the address at which one of the parties continues to do business and mailings to that address are most likely intended for that party. Accordingly, the Administrative Judge’s interpretation of the partnership agreement and his conclusion that mailings to the Potomac Street address are to be delivered as directed by Disputant Pyle will not be overturned.
While Disputant Pyle has shown that he is entitled to direct the delivery of mail addressed to 1223 Potomac Street, NW, Washington, DC 20007-3212, he has not demonstrated that he is entitled to delivery of mail addressed to 140 F Street, SE, Washington, DC 20003-2603. As the F Street address is Disputant Joy’s home address and the address he began using to conduct business after the dissolution of the partnership, he is the most likely intended recipient of any mail to that address. Accordingly, mail to the latter address is to be delivered in accordance with the direction of Disputant Joy.
The parties are reminded that this decision determines only the right to delivery of the mail in dispute, not the ownership of the mail. If either party receives mail intended for the other, that party is responsible for forwarding such mail to the intended recipient.
James A. Cohen Judicial Officer
October 21, 1997
TO THE POSTMASTER AT: WASHINGTON, DC 20090-9998 RE: Mail Dispute Between JIM JOY and NICHOLAS A. PYLE P. S. Docket No. MD 97-281
Mail addressed to H.M.S. Beagle Group, H.M.S. Beagle Log, and H.M.S. Beagle Directory, 1223 Potomac Street, NW, Washington, DC 20007-3212, which is currently being held or hereafter received, is to be delivered as directed by Nicholas A. Pyle.
Mail addressed to H.M.S. Beagle Group, H.M.S. Beagle Log, and H.M.S. Beagle Directory, 140 F Street, SE, Washington, DC 20003-2603, which is currently being held or hereafter received, is to be delivered as directed by Jim Joy.
James A. Cohen Judicial Officer