United States Postal Service(TM)

In the Matter of a Mail Dispute  )  May 4, 1998           
Between                          )
                                 )
LIONEL SUAREZ                    )
                                 )
       and                       )
                                 )
RUBEN R. LINARES                 )
RUDY SUAREZ                      )  P.S. Docket No.  MD 98-71

O R D E R

On April 13, 1998, an Initial Decision was issued in which it was concluded that all mail addressed to Frontier Nursery and/or Frontier Wholesale Nursery, 25790 Road 180, Visalia, CA 93292-9405 and P.O. Box 1256, Visalia, CA 93279-1256, which is currently being held or hereafter received, is to be delivered as directed by Ruben Linares or Rudy Suarez. Disputant Lionel Suarez has filed an appeal from the Initial Decision.

Disputant Lionel Suarez has not shown that the Initial Decision is clearly erroneous or that any other grounds exist for the Judicial Officer to exercise his discretion to grant review of the Initial Decision. Since the Judicial Officer has determined he will not exercise his discretion to grant review of the Initial Decision, the Initial Decision is the final agency decision.

The parties are reminded that the 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. Moreover, should either party obtain a court order directing delivery of mail, postal regulations provide that mail will be delivered in accordance with such orders (Postal Operations Manual (POM 7, August 1, 1996) §616.3).

			       James A. Cohen
			       Judicial Officer



May 4, 1998

TO THE POSTMASTER AT: 	VISALIA, CA  93277-9998

		  RE: 	Mail Dispute Between

			LIONEL SUAREZ
     
			      and

			RUBEN R. LINARES
			RUDY SUAREZ
			P. S. Docket No. MD 98-71

Mail addressed to FRONTIER NURSERY and/or FRONTIER WHOLESALE NURSERY, 25790 Road 180, Visalia, CA 93292-9405 and P.O. Box 1256, Visalia, CA 93279-1256, which is currently being held or hereafter received, should be delivered as directed by Ruben Linares or Rudy Suarez.

			       James A. Cohen
			       Judicial Officer