United States Postal Service(TM)
Administrative Law Judges 


In the Matter of a Mail Dispute		)	October 28, 1997
Between					)
					)
KEVIN R. SHEELE				)
					)
	and				)
					)
FRANK MARCO				)	P.S. Docket No. MD 97-322

APPEARANCE FOR DISPUTANT		Kevin R. Sheele
 KEVIN R. SHEELE:			934 N. 95th Street
					Mesa, AZ 85207-5205

APPEARANCE FOR DISPUTANT		Donald C. Galbasini, Esq.
 FRANK MARCO:				1555 East University Drive
					Mesa, AZ 85203-8143

INITIAL DECISION

This mail dispute has been docketed pursuant to Postal Operations Manual, Issue 7 (August 1, 1996)("POM"), 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 is that addressed to Superstition Heating and Cooling, L.L.C., 2179 E. Superstition Blvd., Apache Junction, AZ 85219-4262. The mail is currently being held by the Apache Junction Postmaster.

Both parties submitted sworn statements and documents. Mr. Sheele also submitted an audio recording of a hearing before a civil court in Arizona in which the parties to this mail dispute testified under oath. The findings of fact are based on the parties' submittals and documents they previously submitted to the post office.

FINDINGS OF FACT

1. In October of 1996, Mr. Sheele and Mr. Marco began a business named Superstition Heating and Cooling, which they operated out of Mr. Marco's home at 2179 E. Superstition Blvd., Apache Junction, Arizona.

2. By Articles of Organization filed with the Arizona Corporations Commission on February 7, 1997, Superstition Heating and Cooling, L.L.C., was organized as a limited liability company, with its principal place of business at 2179 E. Superstition Blvd., in Apache Junction.

3. In August 1997, the parties ceased their business arrangement. On August 18, 1997, Mr. Sheele sent a letter to the Arizona Corporations Commission advising that the address of Superstition Heating and Cooling, L.L.C., had changed to 934 N. 95th Street, Mesa, Arizona, 85207, which is Mr. Sheele's home. Mr. Sheele asked the Apache Junction Post Office to forward mail addressed to Superstition Heating and Cooling, L.L.C., to his home address.

4. Mr. Marco no longer participates in the operation of the business. Mr. Sheele continues to operate the heating and cooling business out of his home at 934 95th Street, Mesa, Arizona 85207, using the name Superstition Heating and Cooling, L.L.C.





DECISION

It is likely that those sending mail to Superstition Heating and Cooling, L.L.C., intend for it to be delivered to the business operating under that name, which is now operated solely by Mr. Sheele. Accordingly, mail addressed to Superstition Heating and Cooling, L.L.C., should be delivered as directed by Mr. Sheele.

Mr. Marco argues that under the Articles of Organization of the limited liability company, Mr. Sheele, as only one member of the company, is not authorized to change the company's mailing address. However, neither party submitted the complete Articles that might explain the rights of the parties in managing the company and any limitations on delivery of its mail. Therefore, as discussed above, considering the likely wishes of those sending mail to the company leads to the conclusion that the mail should be delivered to the operator of the company, Mr. Sheele.

This decision involves only delivery of the mail addressed to Superstition Heating and Cooling, L.L.C., at the disputed address. If Mr. Sheele receives any mail that is intended for Mr. Marco, he is to forward it to Mr. Marco immediately. Further, if a court directs delivery of the mail in a different manner, that direction is to be followed.

The attached delivery order should be issued.





					Norman D. Menegat
					Administrative Judge