In the Matter of a Mail Dispute Between:

FRANKIE REAVES
and
DONNIE PERRY, ESQ.
P. S. Docket No. MD-107

APPEARANCE FOR MR. PERRY:
Donnie E. Perry, Esq., Pro Se
200 Parkway 576, Suite 221
Woodstock, GA  30188

APPEARANCE FOR MS. REAVES:
None

INITIAL DECISION

            This mail dispute proceeding was docketed under Domestic Mail Manual §153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision.  Disputant Donnie Perry, Esq. was the only party that filed a written submittal under 39 C.F.R. §965.5.  Disputant Reaves filed no submittal or comment and is in default.  The dispute concerns delivery of mail addressed to Black Women Newcomer Exchange, Inc. or BWNE, Inc., at P. O. Box 2831, Norcross, GA  30091-2831.  The following findings of fact and conclusions of law are based upon the submittal and exhibits attached thereto:

FINDINGS OF FACT

            1.         The Black Women Newcomer Exchange, Inc., (BWNE, Inc.) was incorporated on February 14, 1990.  Kathy Burke was the original President and Founder; Disputant Frankie Reaves was the original Vice President.

            2.         On September 12, 1990, Kathy Burke resigned as President and forwarded all corporate documents to Disputant Donnie Perry, Esq., who is the attorney for the Board of Directors.  Prior to that date mail was addressed to BWNE, Inc., at P. O. Box 214, Atlanta, GA  30291-0214.  When Burk resigned, she asserted her right to P. O. Box 214 and requested that BWNE, Inc. arrange for its mail to be sent to some other address.

            3.         On September 20, 1990, Director/Secretary Pamela Hammond, on behalf of BWNE, Inc. obtained P. O. Box 2831, Norcross, GA  30091-2831, and thereafter requested that all mail addressed to BWNE, Inc. at P. O. Box 214 be forwarded by the Post Office to P. O. Box 2831.

            4.         On November 10, 1990, Maggie McGarity was elected President of BWNE, Inc., and Pamela Hammond was elected Secretary.  Disputant Reaves and Kathy Burke were not re-elected.

            5.         On November 23, 1990, Disputant Reaves informed the Post Office that the change of address order was unauthorized and that all mail addressed to BWNE, Inc. at P. O. Box 2831 should be sent to P. O. Box 214, Atlanta, GA  30291-0214.

CONCLUSIONS OF LAW

            1.         A party who fails to file the submittal required by 39 C.F.R. §965.5 may be held in default and the presiding officer may issue an initial decision that mail be delivered to the other party.  39 C.F.R. §965.7.

            2.         When a dispute arises between officers or others associated with a corporation, over delivery of mail, the mail is delivered in accordance with the direction of the president.  DMM §153.51.

            3.         The current President of BWNE, Inc., is Maggie McGarity.  Although Kathy Burke is the Founder, she is no longer President, and Frankie Reaves is no longer Vice President.  President McGarity and Pamela Hammond are members of the new group of corporate officers who are represented by Disputant Donnie Perry, Esq.  In accordance with the position of President McGarity, as set forth by Disputant Perry, all mail addressed to BWNE, Inc. at

P. O. Box 2831, Norcross, GA  30091-2831 should be delivered as addressed.

            4.         This decision resolves the issue of delivery of the disputed mail but does not determine the ownership of the mail.  In the event that BWNE, Inc. receives mail pursuant to this decision that belongs to Kathy Burke or Frankie Reaves, it will be responsible for assuring that such mail is forwarded to those individuals.

            5.         The attached mail delivery order should be issued.

                                                                                                Randolph D. Mason
                                                                                                Administrative Law Judge