July 19, 2000 In the Matter of a Mail Dispute Between WILLIAM F. HARRIS and DAVID C. HAZLETT P.S. Docket No. MD 00-154 APPEARANCE FOR DISPUTANT William F. Harris WILLIAM F. HARRIS: 239 Mill Street NE Vienna, VA 22180-4523 APPEARANCE FOR DISPUTANT Scott J. Spooner, Esq. DAVID C. HAZLETT: Rory Clark, Esq. Foust & Clark, P.C. 8345-A Greensboro Drive McLean, VA 22102-3530
POSTAL SERVICE DECISION
On June 16, 2000, an Initial Decision was issued in which the Chief Administrative Law Judge concluded that all mail addressed to DC Networks, whether alone or in conjunction with another name, at the disputed addresses should be delivered as directed by Disputant David C. Hazlett and that any mail addressed solely to DC Solutions, or DC Solutions, Inc., at the same addresses should be delivered to Disputant William F. Harris. Disputant Harris has filed an appeal from the Initial Decision.
On appeal, Disputant Harris argues that the Administrative Law Judge incorrectly concluded that Disputant Hazlett owns and operates DC Networks and that he is the intended recipient of mail addressed to DC Networks. Disputant Harris also contests the Administrative Law Judge’s reliance on the unsworn statement submitted by Disputant Hazlett and requests that the Initial Decision be partially reversed and that the mail addressed to DC Networks be delivered as directed by him. Disputant Hazlett opposes the appeal and argues that the Initial Decision should be affirmed.
The appeal by Disputant Harris does not establish that the Administrative Law Judge’s 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. Although Disputant Harris continues to argue that DC Solutions acquired ownership of DC Networks in January, 2000, he has not shown that the Administrative Law Judge erroneously concluded that a partnership, instead of the intended corporation, was formed, that the partnership was later dissolved or that that under Virginia partnership law DC Networks remained a separate legal entity. Furthermore, the fact that Disputant Hazlett’s original submittal was unsworn(1) did not require that the Administrative Law Judge disregard it in reaching his decision since the unsworn statement did not controvert the other evidence submitted regarding the ownership of DC Networks or the circumstances surrounding the formation and dissolution of the partnership.(2) Disputant Harris’ other arguments on appeal regarding the legal dispute between the parties do not concern the delivery of the mail and will not be addressed. The only proper issue for determination in a mail dispute is entitlement to direct the delivery of the mail. As the Administrative Law Judge concluded, if a Virginia court finds that the disputed mail should be delivered differently, the mail will be delivered in accordance with the court’s order.
Accordingly, the Initial Decision is the final agency decision as provided in 39 C.F.R. §965.12. All mail addressed to DC Networks, whether alone or in conjunction with another name, at P.O. Box 1813, Vienna, VA 22183-1813, 11563 Embers Court, Reston, VA 20191-3003, or 128C Church Street, Vienna, VA 22180-4507 is to be delivered as directed by Disputant Hazlett. Mail addressed to DC Solutions and/or DC Solutions, Inc. at the same addresses is to be delivered as directed by Disputant Harris. The parties are reminded that this 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.
James A. Cohen Judicial Officer
2 Evelyn Pender and Glenn Dunn, P.S. Docket No. MD 97-166, (I.D. July 3, 1997), at n. 1, finalized, (Order July 24, 1997); Thomas M. Zarr, Esq. and Ronald Van Voorhis, P.S. Docket No. MD 95-67, at n. 2, finalized, (Order June 2, 1995); John Edward Porter and John Edmond Porter, P.S. Docket No. MD-73, (I.D. February 7, 1990), at 2, finalized, (Order March 5, 1990).
July 19, 2000
TO THE POSTMASTERS AT: VIENNA, VA 22180-9998 RESTON, VA 20190-9998 RE: Mail Dispute Between WILLIAM F. HARRIS and DAVID C. HAZLETT P. S. Docket No. MD 00-154
All mail currently being held, or hereafter received, addressed to DC NETWORKS, whether alone or in conjunction with another name, at P.O. Box 1813, Vienna, VA 22183-1813, 11563 Embers Court, Reston, VA 20191-3003, or 128C Church Street, Vienna, VA 22180-4507 is to be delivered as directed by David C. Hazlett. Mail addressed to DC SOLUTIONS and/or DC SOLUTIONS, INC. at the above addresses is to be delivered as directed by William F. Harris.
James A. Cohen Judicial Officer