In the Matter of a Mail Dispute Between:

NELDA MORGAN
and
HANK WILLIAMS

P.S. Docket No. MD-100

Grant, Quentin, E., Chief Administrative Law Judge

APPEARANCE FOR DISPUTANT MORGAN: Foxworth & Shepherd, Attorneys-at-Law,
Post Office Box 747, Columbia, MS 39429-0747

APPEARANCE FOR DISPUTANT WILLIAMS: Donald Kruger, Esq,
PO Box 1193, Prentiss, MS 39474-1193

INITIAL DECISION

This mail dispute has been forwarded by the Office of Field Legal Services, Southern Regional Office, Memphis, TN, in accordance with Domestic Mail Manual (DMM) § 153.72 and 39 CFR Part 965. The parties dispute the right to delivery of mail addressed to Post Office Box 1022 and Route 1, Box 15, Prentiss, MS 39474.

Each party has filed a submittal pursuant to § 965.5 of the Rules of Practice. Neither party has filed comments pursuant to § 965.6.

FINDINGS OF FACT

1. According to the letter of the Office of Field Legal Services dated September 18, 1990, transmitting this matter to the Judicial Officer, there is a dispute between Nelda Morgan and Hank Williams as to the right to receive or direct delivery of mail addressed to Post Office Box 1022 and Route 1, Box 15, Prentiss, MS

39474. The file is incomplete as to the origin of the dispute but it would appear that such addresses have been used by HCI Communications, Inc. (HCI) for receipt of corporate mail and each disputant claims to be the president of the corporation having the right as president to direct the delivery of mail addressed to the corporation thereat.

2. The claim of Disputant Williams that he is president of HCI is supported by documents included in his submittal. According to correspondence in the record, an agreement between Crestina Fanforilla and Hank Williams executed by Mr. Williams on May 21, 1990, and a check dated May 19, 1990, drawn by Mr. Williams payable to Crestina Fanforillo for the latter's 51 shares of HCI stock, Mr. Williams, the original owner of 49 shares, became sole shareholder of HCI on or about May 21, 1990. By resolution of the Board of Directors of HCI dated May 25, 1990, Mr. Williams was elected president of HCI.

3. On June 8, 1990, there was filed with the Secretary of State of Mississippi articles of amendment changing the name of HCI to Hank's Communications, Inc.

4. Disputant Morgan's claim that she is president of HCI and a 51% shareholder therein is unsupported by any evidence other than her own affidavit.

5. On the basis of a preponderance of the credible evidence in the record, I find that Disputant Williams is president of HCI (now Hank's Communications, Inc.).

CONCLUSIONS OF LAW

1. Section 153.51 of the DMM provides that mail addressed to corporations is delivered as addressed (or to an authorized agent) and that where disagreement arises among corporate officers and others connected with the company, the mail is delivered in accordance with the order of the president of the corporation.

2. As president of HCI (now Hank's Communications, Inc.), Disputant Williams has the right to direct delivery of the mail in dispute.

3. The attached mail delivery instruction should be issued.