September 19, 2000

In the Matter of a Mail Dispute Between				
				
BRYANT JACOBS			
				
	and			
				                                                           
DR. JAMES JOSEPH MCCREADY	  

P.S. Docket No. MD 00-190


APPEARANCE FOR DISPUTANT
BRYANT JACOBS:			Bryant Jacobs
				P. O. Box 2871
				Wilmington, DE  19805-0871


APPEARANCE FOR DISPUTANT
DR. JAMES MCCREADY:		John T. Meli, Jr., Esq.
				Morris, James, Hitchens & Williams
				P.O. Box 2306
				Wilmington, DE  19899-2306

POSTAL SERVICE DECISION

On September 5, 2000, an Initial Decision was issued in which the Chief Administrative Law Judge concluded that all mail currently being held, or hereafter received, addressed to 4th Street Chiropractic, 209 West 4th Street, Suite 1, Wilmington, DE 19801-2204 is to be delivered as directed by Disputant Bryant Jacobs. Disputant James J. McCready, D.C. has filed an appeal from the Initial Decision.

On appeal, Disputant McCready argues that the Administrative Law Judge improperly relied on the statements of Dr. Richard Gold, who is not a party to this proceeding, but was previously associated with the business located at the address in dispute. Dr. Gold submitted two statements, one sworn and one unsworn, during the course of the proceeding. Disputant McCready argues that the two statements are in direct conflict and should have either been excluded as unreliable or subject to cross-examination at a hearing. Disputant McCready requests that the Judicial Officer reverse the Initial Decision and remand the proceeding to the Administrative Law Judge for a hearing.

The appeal by Disputant McCready 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 on appeal. Even if Dr. Gold’s statements had not been considered, the record supports the Administrative Law Judge’s conclusion that Disputant Jacobs is entitled to obtain delivery of the mail to the disputed address. Although Disputant McCready requested a hearing, the Administrative Law Judge did not err in exercising his discretion to consider this proceeding on the record (see 39 C.F.R. §965.8). Further, Disputant McCready’s appeal does not establish that he is entitled to obtain delivery of the disputed mail.

Accordingly, Disputant McCready’s request for review of the Initial Decision is denied, and the Initial Decision is the final agency decision as provided in 39 C.F.R. §965.12. All mail addressed to 4th Street Chiropractic, 209 West 4th Street, Suite 1, Wilmington, DE 19801-2204 is to be delivered as directed by Disputant Jacobs. 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

September 19, 2000

TO THE POSTMASTER AT:	WILMINGTON, DE  19803-9998


		  RE:	Mail Dispute Between

			BRYANT JACOBS

				and

			DR. JAMES JOSEPH MCCREADY
			P. S. Docket No. MD 00-190

All mail addressed to 4th Street Chiropractic, 209 West 4th Street, Suite 1, Wilmington, DE 19801-2204, which is currently being held or hereafter received, is to be delivered as directed by Bryant Jacobs.

					James A. Cohen
					Judicial Officer