March 21, 2001        

In the Matter of a Mail Dispute	Between                                                    

CHRISTIAN DURU                                             

    and                                                        

FEMMY AKENE				P.S. Docket No. MD 00-490


APPEARANCE FOR DISPUTANT
  CHRISTIAN DURU:			Darlene T. Davies, Esq.
					Mason Davies, PC
					1825 Woodlawn Drive, Suite 106
					Baltimore, MD  21207-4034


APPEARANCE FOR DISPUTANT
  FEMMY AKENE:				Femmy Akene
					P. O. Box 43383
					Baltimore, MD  21236-0383

On January 25, 2001, an Initial Decision was issued in which an Administrative Judge concluded that all mail currently being held, or hereafter received, addressed to Netcon & Earthkins, Inc., 8723 Belair Road, Suite B, Baltimore, MD 21236-2419 is to be delivered as directed by Disputant Christian Duru. In reaching this conclusion, the Administrative Judge relied on the documents forwarded by the Chief Field Counsel pursuant to Postal Operations Manual §616.21(c) and the submittal of Disputant Duru.¹  Disputant Femmy Akene has filed an appeal in which he claims that he is the current president of Netcon & Earthkins, Inc. and, therefore, entitled to direct delivery of the mail in dispute.

Disputant Akene’s appeal contains additional evidence he believes should be considered on appeal. The parties were provided a full opportunity to present evidence to the presiding Administrative Judge, but Disputant Akene did not do so.²  Accordingly, since Disputant Akene has not shown that the evidence attached to his appeal was newly discovered or otherwise unavailable for presentation to the Administrative Judge, or that he was not properly notified he could present such evidence in this proceeding,³  the newly presented evidence need not be considered on appeal.

Nevertheless, Disputant Akene’s evidence has been considered on appeal, but he has not shown that the Administrative Judge improperly concluded that he was removed from his position of Chief Executive Officer of Netcon & Earthkins, Inc. and that he was unsuccessful in his subsequent efforts to obtain reinstatement. Further, Disputant Akene has not shown that he is otherwise entitled to obtain delivery of the disputed mail. Accordingly, Disputant Akene’s appeal is denied, the Initial Decision is affirmed and all mail addressed to Netcon & Earthkins, Inc., 8723 Belair Road, Suite B, Baltimore, MD 21236-2419 is to be delivered as directed by Disputant Duru.

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  A copy of the Notice of Docketing and Submittal Due Date granting both parties 15 days to file supporting evidence was mailed by certified mail on December 15, 2000 to both Disputant Akene and Andrew L. Jiranek, Esq., who appeared from the documents forwarded by the Chief Field Counsel to be Disputant Akene's attorney. Disputant Akene's copy was returned unclaimed on January 16, 2001, and a courtesy copy was resent by regular mail on that same date. Disputant Akene's failure to claim his certified mail, which would have advised him of the filing dates in this proceeding, does not excuse his default. See Nikwei v. Ross School of Aviation, Inc., 822 F.2d 939, 944-46 (10th Cir. 1987) and cases cited therein. See also Dell M. Newbold, P.S. Docket No. 39/116 (P.S.D. April 22, 1997), at 3; James D. Mample and Dorris C. Mample, P.S. Docket No. 40/75 (P.S.D. Aug. 13, 1993), at 4-5, and cases cited therein.

³  Disputant Akene contends he was not represented by Mr. Jiranek in this proceeding. However, it was Disputant Akene's responsibility to notify the presiding officer that he was not represented by Mr. Jiranek and that he would be representing himself. Moreover, he has not shown that continued service of documents on Mr. Jiranek prevented him from presenting his case.

March 21, 2001

TO THE POSTMASTER AT:	BALTIMORE, MD  21298-9998


		  RE:	Mail Dispute Between

			CHRISTIAN DURU

				and

			FEMMY AKENE
			P. S. Docket No. MD 00-490

All mail, which is currently being held or hereafter received, addressed to NETCON & EARTHKINS, INC., 8723 Belair Road, Suite B, Baltimore, MD 21236-2419, is to be delivered as directed by Disputant Christian Duru.

					James A. Cohen
					Judicial Officer