In the Matter of a Mail Dispute		)   November 12, 1998
Between					)
					)
RONALD D. NOVAK				)
					)
					)
					)
SUSAN NOVAK				)   P.S. Docket No. MD 98-457

APPEARANCE FOR RONALD NOVAK:		Ronald D. Novak
					P. O. Box 631
					Robert, LA 70455-0631

APPEARANCE FOR SUSAN NOVAK:		Susan Novak
					21608 Lac Sue Lane
					Hammond, LA 70403-0854

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 WILD WING KENNELS, or RONALD D. NOVAK, WILD WING KENNELS, P.O. Box 631, Robert, LA 70455-0631. The mail is currently being held by the Robert, Louisiana Postmaster.

Both parties have submitted sworn statements, and other documents, in support of their positions, as required by 39 C.F.R. §965.5. The following findings of fact are based on all the materials submitted by the parties, including material forwarded by the United States Postal Service Law Department, Memphis Office.

FINDINGS OF FACT

1. A business formerly known as Novak Kennels was incorporated in Louisiana in July 1974. The Articles of Incorporation are signed by Ronald D. Novak as President.

2. Other documents also name Ronald D. Novak as President of the corporation, and Susan Novak as Vice President. These include minutes of a December 1974 meeting, and minutes of a December 1975 meeting. A December 1975 Amendment to the Articles of Incorporation, which changed the name of the corporation to Wild Wing Kennels and Hunting Preserves, Inc., is signed by Ronald D. Novak as President.

3. State of Louisiana forms titled "Domestic Corporation Annual Report," for 1995 and 1998, list Ronald D. Novak as President and Susan L. Novak as Vice President.

4. On October 21, 1997, Ronald Novak opened Post Office Box 631 for Wild Wing Kennels. The PS Form 1093, Application for Post Office Box Service, includes 21608 Lac Sue Lane, Hammond, LA 70403 as the physical address of the business.

5. Sometime thereafter, Susan Novak protested what she called the "diversion" of mail from the Lac Sue Lane address, although it is unclear whether Ronald Novak also submitted a change-of-address order to forward Wild Wing Kennels mail from the Lac Sue Lane address to P.O. Box 631. On June 4, 1998, Susan Novak submitted to the post office a change-of-address order (PS Form 3575), directing that mail addressed to Wild Wing Kennels at P.O. Box 631 be forwarded to 21608 Lac Sue Lane.

The rule that governs the outcome of disputes such as this is found in Section 614.1 of the Postal Operations Manual, which states that in the event of a dispute over mail addressed to a corporation, the mail "must be delivered according to the order of the organization’s president or equivalent official." All the available documents indicate that Ronald Novak is president of the corporation, and Susan Novak does not claim otherwise. Therefore, he is entitled to direct delivery of the disputed mail.

This decision deals only with delivery of the mail. It does not attempt to resolve any underlying financial disputes between the parties. If either party obtains a court order that directs delivery of the mail, postal regulations provide that the mail will be delivered in accordance with such an order. POM 616.3.

The attached delivery order should be issued.

				Bruce R. Houston
				Chief Administrative Law Judge