United States Postal Service(TM)

April 5, 2001

In the Matter of a Mail Dispute Between

BARBARA L. DOUGHERTY, INC.
BARBARA L. DOUGHERTY

          and

CHESAPEAKE BAY REALISTS, LTD.1
CAROLYN B. PROEBER

P.S. Docket No. MD 01-27

APPEARANCE FOR DISPUTANTS
BARBARA L. DOUGHERTY, INC.
and BARBARA L. DOUGHERTY:
Stephen M. Hearne, Esq.
Akman & Associates, PC
105 W. Main Street
Salisbury, MD 21801-4904

APPEARANCE FOR DISPUTANTS
CHESAPEAKE BAY REALISTS, LTD.
and CAROLYN B. PROEBER:
Carolyn B. Proeber
1805 W. Clear Lake Drive
Salisbury, MD 21804-1969

POSTAL SERVICE DECISION

On March 12, 2001, an Initial Decision was issued in which an Administrative Law Judge concluded that all mail currently being held, or hereafter received, addressed to Art Calendar, P.O. Box 199, Upper Fairmount, MD 21867-0199, 27528 Fairmount Road, Upper Fairmount, MD 21867 and 27528 Fairmount Road, Westover, MD 21871-4102 is to be delivered as directed by Disputant Carolyn B. Proeber. Disputant Barbara L. Dougherty has filed an appeal in which she claims that the majority of the mail being delivered to the name Art Calendar at the addresses in dispute is intended for her or her company, Disputant Barbara L. Dougherty, Inc., and, therefore, she is entitled to direct delivery of that mail.

Disputant Dougherty has not shown that the Initial Decision is clearly erroneous or that any other grounds exist for the Judicial Officer to exercise his discretion to grant review of the decision. While some of the mail addressed to Art Calendar may be intended for Disputant Dougherty or her company, the Administrative Law Judge properly concluded that as the current publisher of Art Calendar, Disputant Proeber is the most likely intended recipient of mail addressed solely to that name. Accordingly, Disputant Dougherty’s appeal is denied, the Initial Decision is affirmed and all mail addressed to Art Calendar, P.O. Box 199, Upper Fairmount, MD 21867-0199, 27528 Fairmount Road, Upper Fairmount, MD 21867 and 27528 Fairmount Road, Westover, MD 21871-4102 is to be delivered as directed by Disputant Proeber.

The parties are reminded that 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
1 Disputant Proeber previously filed a request to join Chesapeake Bay Realists, Ltd. as a party to this proceeding. Chesapeake Bay Realists, Ltd. was the entity that purchased the assets of Art Calendar and Disputant Proeber is the president of the company. Disputants Barbara L. Dougherty, Inc. and Barbara L. Dougherty did not object to the request. Therefore, it is proper to join Chesapeake Bay Realists, Ltd. as a party and the caption has been changed accordingly.

 

 

 

 

 

 

April 5, 2001

TO THE POSTMASTERS AT:	UPPER FAIRMOUNT, MD  21867-9998
			WESTOVER, MD  21871-9998


		   RE:	The Mail Dispute Between

			BARBARA L. DOUGHERTY, INC.
			BARBARA L. DOUGHERTY

				and

			CHESAPEAKE BAY REALISTS, LTD.
			CAROLYN B. PROEBER

			P.S. Docket No. MD 01-27

All mail, which is currently being held or hereafter received, addressed solely to ART CALENDAR, P.O. Box 199, Upper Fairmount, MD 21867-0199, 27528 Fairmount Road, Upper Fairmount, MD 21867 and 27528 Fairmount Road, Westover, MD 21871-4102, is to be delivered as directed by Disputant Carolyn B. Proeber. All other mail to the above addresses, which is currently being held or hereafter received, is to be delivered as directed Disputant Barbara L. Dougherty.

					James A. Cohen
					Judicial Officer