In the Matter of a  		  ) March 25, 1998
  Mail Dispute Between 		  )
THE COMPANY DOCTOR  		  )
     				  )
 and  				  )
   				  )
C. A. RISER, M.D.  		  ) P.S. Docket No. MD 98-63

APPEARANCE FOR DISPUTANT    	  Nick Tooke
   THE COMPANY DOCTOR:  	  4308 Garth Road
				  Baytown, TX  77521-3161

APPEARANCE FOR DISPUTANT  	  C. A. Riser, M.D.
A. RISER, MD:      		  5110 Arrowhead
			          Baytown, TX  77521-2904

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 C. A. Riser, M.D., Riser Professional Association, Riser Clinic, Inc., and/or Riser Agri Business, 4308 Garth Road, Baytown, TX 77521-3161. The mail is currently being held by the Baytown Postmaster.

Both parties made submissions, although the submission by Disputant C. A. Riser did not contain his sworn statement, as is specified in 39 C.F.R. §965.5. The following findings of fact are based on the parties' submissions and the documents from the Postal Service that were included in the file referred to the Judicial Officer.

1. Disputant C. A. Riser is a medical doctor who, until August 15, 1996, operated a medical practice which was called "Occupational and Family Medicine" at 4308 Garth Road, Baytown, Texas. (Riser Submission).

2. On May 9, 1996, disputants Dr. Riser and The Company Doctor entered into an Asset Purchase Agreement. Under the terms of this agreement, Dr. Riser sold, ". . . all of the properties, assets, and rights of seller related to the Business (the 'Assets')," with the exception of certain "Excluded Assets" listed in Exhibit A1 and A2 to the Asset Purchase Agreement. Subparagraph h., Assets, of the agreement noted that "Assets" included " . . . all the assets used by the seller to operate the Business in the same manner as the Business was operated by the Seller prior to the Closing Date (August 15, 1996)."

3. On January 12, 1998, Dr. Riser submitted four change of address requests to the Baytown, Texas Post Office seeking to change the address of Riser Agri Business, Riser Clinic, Inc., Riser Professional Association, and Riser, C. A., from 4308 Garth Road, Baytown, Texas, to 5110 Arrowhead Drive, Baytown, Texas.

4. Mail which is intended by its sender for delivery to The Company Doctor, 4308 Garth Road, and which is the property of The Company Doctor, is, on occasion, addressed to "Clarence A. Riser, MD," or "C. A. Riser." (The Company Doctor Submission).

5. After the Postal Service began forwarding mail pursuant to the change of addresses filed by Dr. Riser, mail belonging to The Company Doctor was forwarded to Dr. Riser and not returned to The Company Doctor for two to three weeks after its initial delivery. In addition, the volume of mail received by The Company Doctor was approximately one third of the volume prior to the forwarding orders taking effect. (The Company Doctor Submission).

Dr. Riser argues that he sold his medical practice and a business entity known as "Occupational and Family Medicine," to The Company Doctor, but did not sell any interest in other enterprises he operated from the same address (4308 Garth Road, Baytown). These other enterprises include "Riser Agri Business," "Riser Clinic, Inc.," and "Riser Professional Association". Dr. Riser argues, therefore, that he has a right to change the address of these other enterprises, as well as to change the address of his personal mail, to his current address at 5110 Arrowhead Drive, Baytown, Texas.

The Company Doctor argues that Dr. Riser sold his business in August of 1996, but delayed putting in a change of address until eighteen months later. They argue, therefore, that mail currently being addressed to 4308 Garth Road is intended to be delivered to The Company Doctor, irrespective of whether the address also contains Dr. Riser's name. The Company Doctor explains that medical insurers have been remiss in changing the payee's name in their computer system. As a result of Dr. Riser's change of address, The Company Doctor believes that mail containing payments from insurers, that is the property of The Company Doctor, would be forwarded to Dr. Riser's new address and not returned by Dr. Riser to The Company Doctor until two or three weeks after initial delivery. Because of this, The Company Doctor seeks delivery of all mail addressed to 4308 Garth Road, Baytown.

This dispute over delivery of mail addressed to 4308 Garth Road did not arise until over eighteen months after Dr. Riser sold his business, including the 4308 Garth Road location, to The Company Doctor. After eighteen months, it must be presumed that most of the mail currently being sent to the Garth Road address is intended by the senders to be delivered to the current owners of the business being operated at that location.

With the exception of mail addressed to Riser Agri Business, Dr. Riser has failed to show that the other businesses for which he filed changes of address (C. A. Riser, Riser Clinic and Riser Professional Association), are sufficiently distinct from the business he sold to The Company Doctor and which now operates at the Garth Road address.

Accordingly, mail addressed to C. A. Riser, Riser Clinic and Riser Professional Association, 4308 Garth Road, should be delivered as directed by The Company Doctor. Mail addressed to Riser Agri Business should be forwarded as directed by Dr. Riser.

This decision addresses only the right to delivery of the mail. It does not address the ownership of that mail. If, as a result of this order, either party receives mail intended for the other, it should promptly forward that mail.

The attached delivery order should be issued.

			       		William K. Mahn
					Administrative Judge