In the Matter of a Mail Dispute    	)  June 29, 1998          
Between                             	)
                                    	)
GERALD AND HARVEY SACKS           	)
                                    	)
        and                         	)
                                    	)
LAWRENCE J. SACKS                  	)  P.S. Docket No.  MD 98-247


APPEARANCE FOR DISPUTANT 		Gerald and Harvey Sacks
  GERALD AND HARVEY SACKS 		2826 Art Museum Drive
      					Jacksonville, FL  32207-5025

APPEARANCE FOR DISPUTANT 		Lawrence J. Sacks
  LAWRENCE J. SACKS:   			P. O. Box 4216
      					Saint Augustine, FL  32085-4216

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 7, 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 is that addressed to Romni International, Inc., 2826 Art Museum Drive, Jacksonville, FL 32207-5025, and/or 1007 Vale Orchard Lane, Jacksonville, FL 32207-4298. The mail is currently being held by the Jacksonville Postmaster.

Neither party submitted a sworn statement as required by 39 C.F.R. §965.5. However, Disputants Gerald and Harvey Sacks have submitted certain documents and made arguments in support of their claim. The following findings of fact are based on the submission made by Gerald and Harvey Sacks and information from the Postal Service that was included in the file referred to the Judicial Officer.

1. Romni International, Inc., was started in 1992 by Gerald Sacks. Lawrence Sacks was made the corporation's first president. However, in May of 1995, Lawrence Sacks resigned as president and was replaced by Gerald Sacks. At the same time, Lawrence Sacks' corporate check writing privileges were revoked. (Submission of Gerald and Harvey Sacks).

2. In March 1997, Harvey Sacks became president of Romni International, Inc., and Gerald Sacks assumed the duties of Secretary/Director (Submission of Gerald and Harvey Sacks).

3. On December 17, 1997, Disputant Lawrence Sacks wrote to the Jacksonville Postmaster, claiming to be the sole shareholder and only officer of Romni International, Inc., and requested that all mail addressed to the corporation be forwarded to P.O. Box 4216, St. Augustine, FL 32085-4216 (Postal Service Submission).

Disputants Gerald and Harvey Sacks argue that Lawrence Sacks' claim to be an officer of Romni International, Inc., is fraudulent and that he has no right to direct delivery of the mail. Disputant Lawrence Sacks claimed (in a submission to the Jacksonville Postmaster) that he was the only officer and shareholder of the corporation, but did not submit anything in this proceeding to support that assertion.

Based on the sparse record of this mail dispute, it appears that Disputant Harvey Sacks is the current president of Romni International, Inc. (Finding of Fact No. 2). As the president of the corporation, Mr. Harvey Sacks is entitled to control delivery of the mail. See Domestic Mail Manual §D042.4.1 (January 1, 1997).

This decision concerns only the delivery of the disputed mail. It does not address ownership of the contents of the mail, nor does it address ownership or control of Romni International, Inc., or any other dispute that may exist between the parties. Further, if a court directs delivery of the mail in a different manner, the mail will be delivered according to the court order.

The attached delivery order should be issued.

					William K. Mahn
					Administrative Judge

TO THE POSTMASTER AT:  JACKSONVILLE, FL  32203-9998

       		  RE:  The Mail Dispute Between:

		       GERALD AND HARVEY SACKS

				and

		       LAWRENCE J. SACKS

		       P. S. Docket No. MD 98-247

					Judicial Officer