December 27, 2005

In the Matter of a Mail Dispute Between

EARL TIMMONS

and

THOMAS D. KERRY

P.S. Docket No. MD 05-189

APPEARANCE FOR DISPUTANT EARL TIMMONS:

C.W. Lartigue, IV, Esq.

APPEARANCE FOR DISPUTANT THOMAS D. KERRY:

Phillip A. Gattuso, Esq.

POSTAL SERVICE DECISION

On November 21, 2005, an Initial Decision was issued in which an Administrative Law Judge concluded that all mail addressed to The Church of God, Worldwide Ministries, at P.O. Box 2005, Gretna, LA 70054-2005 and P.O. Box 6879, Sevierville, TN 37864-6879 should be delivered as directed by George Trent.[1] Disputant Thomas D. Kerry has filed an appeal from the Initial Decision.

Disputant Kerry 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 on appeal. Since the Judicial Officer has determined he will not exercise his discretion to grant review on appeal, the Initial Decision is now final under 39 C.F.R. §965.12 and the mail in dispute is to be delivered as directed by George Trent.

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

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[1] Although the case was docketed in Disputant Earl Timmon’s name, he and Mr. Trent are acting in concert in this matter, and Mr. Trent, as the president or equivalent official of the organization, is entitled to delivery of the mail even though he is not a named disputant.