July 21, 2008

 

In the Matter of a Mail Dispute Between                         

                                                                                   

LAURA KRUSE                                                                                                                                                                                                                              

            &                                                                                                                                                                                                                                           

JOHN AND DOROTHY WILLIS                                                                                                                                                                                                     

            and                                                                                                                                                                                                                                        

DANIEL KRUSE                                                         

 

P.S. Docket No. MD 08-147

 

APPEARANCE FOR DISPUTANT                       

LAURA KRUSE:                                                                                                                                                            

 

APPEARANCE FOR DISPUTANTS                    

JOHN AND DOROTHY WILLIS:                             

                                                                                   

APPEARANCE FOR DISPUTANT                        .

DANIEL KRUSE:                                                                                                                                                           

 

 

POSTAL SERVICE DECISION

 

On June 26, 2008, an Initial Decision was issued in which an Administrative Law Judge concluded that all mail addressed to Kruse Overhead Door and/or Kruse Door at 1455 Schuchart Road, Union MO 63804-4229 or 1453 Schuchart Road, Union, MO 63804-4229 should be delivered as directed by Disputant Daniel Kruse.  Disputants John and Dorothy Willis and Laura Kruse have filed an appeal from the Initial Decision, arguing that the Administrative Law Judge should not have relied on the order issued by the Circuit Court Judge directing the delivery of the disputed mail because it was improper.

            Disputants John and Dorothy Willis and Laura Kruse have 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.  In their appeal, Disputants John and Dorothy Willis and Laura Kruse request a hearing to present evidence regarding Disputant Laura Kruse's involvement in the disputed companies.  The applicable rules of practice, 39 C.F.R. Part 965, do not provide for a hearing on appeal.  Furthermore, the parties were provided a full opportunity to present evidence to the presiding Administrative Law Judge.  Disputants John and Dorothy Willis and Laura Kruse have not shown that the evidence they wish to present is newly discovered or was otherwise unavailable for presentation to the Administrative Law Judge, or that they were not properly notified they could present such evidence in the initial proceeding.  The request for a hearing is denied and no further evidence will be considered.

Moreover, Disputants John and Dorothy Willis and Laura Kruse's dissatisfaction with the order issued by the Circuit Court of St. Louis County, MO and their contention that it was not properly issued are not appropriate issues for decision in this mail dispute proceeding.  The purpose of these proceedings is only to determine and direct the delivery of the disputed mail.  If Disputants John and Dorothy Willis and Laura Kruse wish to challenge the court order, they must do so in the proper forum.  If a further court order directing delivery of the mail is issued, postal regulations provide that the mail will be delivered in accordance with such order (Postal Operations Manual, §616.3).

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.  The parties are once again 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.

 

 

William A. Campbell

Judicial Officer