March 4, 1998
In the Matter of a Mail Dispute Between
REED A. MILLER
MILLER & ASSOCIATES CONSULTING ENGINEERS, P.C.
and
CHARLES E. WRIGHT
On February 4, 1998, an Initial Decision was issued in which an Administrative Judge determined that mail addressed to Charles E. Wright Consulting Engineers, Inc. (the “Corporation”), P.O. Box 880, McCook, NE 69001-0880 is to be delivered to the Corporation’s street address or as directed by the president of the Corporation, but other mail addressed to the post office box is to be delivered as addressed. Although no appeal has been filed, the Judicial Officer has determined to exercise his discretion to review the Initial Decision on his own motion.
In the Initial Decision, the Administrative Judge found that Disputant Wright is the box customer for P.O. Box 880 and, therefore, entitled to direct the delivery of mail addressed to that box. While it may have been appropriate to decide box ownership in order to determine entitlement to mail delivery, the purpose of a mail dispute proceeding is to determine who is entitled to obtain delivery of the disputed mail, not the ownership or control of a P.O. Box. Vinal Whitney, P.S. Docket No. MD-135 at n. 1 (P.S.D. Feb. 10, 1992); Rev. Paul Carrithers, P.S. Docket No. MD-119 at n. 2 (P.S.D. Oct. 2, 1991). Therefore by this Order, the Initial Decision is clarified to reflect that the Administrative Judge’s determination of box ownership is not necessarily dispositive of that issue.
The parties are reminded that a decision in a mail dispute determines only the right to delivery of the mail in dispute not the ownership of the mail. If either of the parties receives mail intended for the other, that party is responsible for forwarding such mail to the intended recipient.
James A. Cohen
Judicial Officer
March 4, 1998
TO THE POSTMASTER AT: McCOOK, NE 69001-9998
RE: The Mail Dispute Between
REED A. MILLER
MILLER & ASSOCIATES CONSULTING ENGINEERS, P.C.
and
CHARLES E. WRIGHT
P.S. Docket No. MD 97-475
All mail currently being held or hereafter received, addressed to Charles E. Wright Consulting Engineers, Inc. (the “Corporation”), P.O. Box 880, McCook, NE 69001-0880 is to be delivered to the Corporation’s street address (109 E. 2nd Street, McCook, NE 69001-3719) or as directed by the president of the Corporation. All other mail addressed to P.O. Box 880, McCook, NE 69001-0880 is to be delivered as addressed or as directed by Charles E. Wright.
James A. Cohen
Judicial Officer