In the Matter of a Mail Dispute  	)  December 23, 1999        
Between                          	)
					)
GRACE ALBRECHT                   	)
					)
	and                      	)
					)
CAROL DAHLQUIST                  	)  P.S. Docket No.  MD 99-480

APPEARANCE FOR DISPUTANT		Grace Albrecht
GRACE ALBRECHT:				4 Royal Court
					Milltown, NJ 08850-1816

APPEARANCE FOR DISPUTANT		Carol Dahlquist
CAROL DAHLQUIST:			P. O. Box 247
					Milltown, NJ 08850-0247

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 The Mane Port at 123 South Main Street, Milltown, New Jersey. The mail is currently being held by the Milltown Postmaster.

Neither party filed a sworn statement, as required by 39 C.F.R. §965.5, or anything else in support of their positions. The following findings of fact are based on the material forwarded by the United States Postal Service Law Department, Philadelphia Office. Nearly all of this material was given to the postmaster by Ms. Albrecht.

1. In 1984, Grace Albrecht started a hair salon known as "The Mane Port" at 123 South Main Street in Milltown, New Jersey. Sometime thereafter, Carol Dahlquist shared the premises with her.

2. Ms. Albrecht and Ms. Dahlquist shared furniture, telephone service, and rental costs, but did not share profits and losses. Each had her own clientele.

3. The business relationship was dissolved effective July 1, 1999. Both parties signed a notarized statement to that effect, addressed to the New Jersey State Board of Cosmetology and Hair Styling. There is nothing in the case file to show that either party is still operating a hair salon at the disputed address.

4. A Bell Atlantic telephone bill for July 1999 is addressed to Ms. Albrecht as "Mane Port" at the disputed address. A local Zoning Permit was issued to "The Mane Port (Grace Albrecht)" at 123 South Main Street on July 27, 1994.

5. On June 29, 1999, Ms. Dahlquist submitted a change-of-address card, directing that mail addressed to The Mane Port at 123 South Main Street be forwarded to her. On July 15, 1999, Ms. Albrecht did the same, thereby precipitating this mail dispute.

6. At some point, Ms. Albrecht apparently agreed to have a third party, Alex Vaislantone, receive the disputed mail. On October 6, 1999, the Philadelphia Office of the Law Department wrote to both parties, soliciting Ms. Dahlquist's agreement. She did not respond.

Ms. Dahlquist has not been heard from since this mail dispute began, and the few documents that are available suggest that Ms. Albrecht had a stronger connection to the disputed address. Accordingly, Ms. Albrecht has a greater claim to delivery of the disputed mail.

This decision deals only with delivery of the disputed mail. It does not attempt to resolve any other disputes between the parties. If Ms. Albrecht receives any mail that is clearly intended for Ms. Dahlquist, it is her responsibility to forward that mail.

The attached delivery order should be issued.

					Bruce R. Houston
					Chief Administrative Law Judge

TO THE POSTMASTER AT:	MILLTOWN, NJ 08850-9998

		RE:	Mail Dispute Between


				GRACE ALBRECHT
					and
				CAROL DAHLQUIST

				P.S. Docket No. MD 99-480

All mail currently being held, or hereafter received, addressed to:

		The Mane Port
		123 South Main Street
		Milltown, NJ 08850-1855

shall be delivered as directed by Grace Albrecht.

				Judicial Officer

PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER

In the Matter of a Mail Dispute  	)  December 23, 1999        
Between                          	)	
					)
GRACE ALBRECHT                   	)
					)
	and                      	)
					)
CAROL DAHLQUIST                  	)  P.S. Docket No. MD 99-480 

The attached Initial Decision of the Chief Administrative Law Judge may be appealed to the Judicial Officer of the Postal Service by filing exceptions thereto within ten (10) days from the date of receipt of the Initial Decision. Notice of Appeal containing exceptions shall be filed with the Recorder, United States Postal Service, Suite 600, 2101 Wilson Boulevard, Arlington, VA 22201-3078, pursuant to the Rules of Practice, 39 C.F.R. §965.12.

If no appeal is taken within the prescribed time, the Initial Decision shall become final unless the Judicial Officer on his own motion decides to review the matter.

					Bruce R. Houston
					Chief Administrative Law Judge