In the Matter of a Mail Dispute Between:

LAKEWOOD HEALTH SERVICES
and
FOREST PARKWAY MEDICAL CLINIC

P.S. Docket No. MD 104

Grant, Quentin E., Chief Administrative Law Judge

APPEARANCE FOR LAKEWOOD HEALTH SERVICES, INC.: A. Christopher Potts, Esq.,
Steven J. Strelzik, P.C., Suite 540, 2070 Clairmont Road,
Atlanta, GA 30329-0540

APPEARANCE FOR DR. RICHARD DICTER: James W. Crocker, Esq.,
24 Perimeter Center East, Suite 2412,
Atlanta, GA 30346-1707

INITIAL DECISION

This mail dispute has been forwarded by the Office of Field Legal Services (USPS), Atlanta, GA pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965. The parties dispute the right to delivery of mail addressed to Lakewood Health Services or Forest Parkway Medical Clinic at 528-A or 528-B Forest Parkway, GA 30050.

Both parties have filed submittals and comments pursuant to the Rules of Practice. The following findings of fact and conclusions of law are based on the submittals and exhibits attached thereto.

FINDINGS OF FACT

1. The disputants are Lakewood Health Services, Inc., ("Lakewood") a Georgia corporation incorporated in 1985, and Richard M. Dicter, M.D. Dr. Steven A. Levine, a chiropractor, is the sole shareholder, director, and officer of Lakewood.

2. On or about October 1, 1989, Lakewood and Dr. Dicter entered into an oral arrangement whereunder Lakewood would provide Dr. Dicter with office space, patients, equipment, furniture, office supplies, and billing and collection services. Dr. Dicter was to pay Lakewood a fee based on revenues collected by Lakewood in his behalf. Pursuant to this arrangement, Lakewood adopted the trade, or fictitious, name Forest Parkway Medical Clinic for use in connection with the medical services performed by Dr. Dicter.

3. Lakewood has been and is conducting business at 528-A Forest Parkway, Forest Park, GA 30050. After entering into the above- described arrangement with Dr. Dicter, Lakewood decided to acquire the adjoining office space at 528-B Forest Parkway to be used by Dr. Dicter to perform medical services. Lakewood used the 528-B address for receipt of mail addressed to Forest Parkway Medical Clinic pertaining to Dr. Dicter's medical services. Lakewood, however, did not take possession of 528-B because the tenant did not vacate the premises. Nevertheless, Lakewood has continued to use the 528-B address for receipt of mail addressed to Forest Parkway Medical Clinic.

4. Because of a number of disagreements between Lakewood and Dr. Dicter after he began to perform medical services at 528-A, Lakewood terminated the oral arrangement on April 10, 1990.

5. On April 10, 1990, Dr. Dicter filed with the Forest Park Post Office P.S. Forms 3575 purporting to change the address for mail addressed to Lakewood Health Services and Forest Parkway Medical Clinic at 528-A Forest Parkway to Dr. Dicter's residential address, 4024 Cumberland Glen Lane, Smyrna, GA. On May 15, 1990, Dr. Dicter filed with the post office another Form 3575 purporting to change the address of mail addressed to Forest Parkway Medical Clinic at 528-B Forest Parkway to his residential address. In compliance with these change of address orders, for some time mail was forwarded to Dr. Dicter at his residence.

6. This mail dispute arose on September 14, 1990, when Lakewood's owner, Dr. Levine, notified the postmaster at Forest Park that Dr. Dicter had no right to direct delivery of mail addressed to Lakewood and Forest Parkway Medical Clinic and that such mail should be delivered as addressed. Upon receiving this notification from Dr. Levine, the postmaster advised both him and Dr. Dicter that the mail in question would be held pending resolution of the dispute.

CONCLUSIONS OF LAW

1. The mail addresses involved in this dispute belong to Lakewood Health Services, Inc. Dr. Dicter has shown no right to the delivery of mail so addressed. Therefore, the disputed mail is to be delivered as addressed or in accordance with the direction of Dr. Steven A. Levine, the sole officer and owner of that corporation.n1

n1 Domestic Mail Manual, § 153.51:-153.51-Mail addressed to corporations is delivered as addressed or to an authorized agent. 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. This decision determines only the right to delivery of the disputed mail, not the ownership thereof. If Lakewood Health Services, Inc. receives any mail which belongs to Dr. Dicter, it will be responsible for assuring that such mail is forwarded to Dr. Dicter.

3. The attached proposed mail delivery order should be issued.