In the Matter of a Mail Dispute Between:

MR. IRA HUBBARD
and
MR. JOE MALONE

P.S. Docket No. MD-137

01/10/92

Mason, Randolph D., Administrative Law Judge

APPEARANCE FOR IRA HUBBARD: T. Tarry Beasley, II, Esq., P. O. Box 171251,
Memphis, TN 38187-1251

APPEARANCE FOR JOE MALONE: Gene Graham, Esq., 14801 East 42nd,
Independence, MO 64055-4776

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. Both disputants filed written submittals under 39 C.F.R. § 965.5. Neither party filed comments under § 965.6. The dispute concerns delivery of mail addressed to Columbia Business Systems, or jointly addressed to that company and Ira Hubbard, at P. O. Box 381181, Germantown, TN 38183-1181. The following findings of fact and conclusions of law are based upon the submittals and exhibits attached thereto:

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FINDINGS OF FACT

1. On March 30, 1988, Disputant Ira R. Hubbard applied for, and obtained, P. O. Box 381181, Memphis, TN, on behalf of "Columbia Business Systems, Inc." The initial box rental fee was paid by Columbia Business Systems on that date. The Form 1093 box application requires the person making application on behalf of an organization to give his or her name and title. Accordingly, Hubbard gave his name, and stated that his title was "Sales Rep." Hubbard put his personal street address in Memphis on the box application under "Address."

2. Columbia Business Systems, Inc., is a Missouri corporation incorporated in April of 1985, for which Disputant Joseph M. Malone, Jr., is the President and majority shareholder. At all times material herein, Disputant Ira R. Hubbard has been an independent agent for the corporation, and his remuneration has been recorded by the corporation as "nonemployee compensation."

3. On September 11, 1991, Hubbard attempted to amend the Form 1093 to change the box customer name to Columbia Business Systems, Inc. of TN, which is a name under which he now does business. By check dated September 12, 1991, Hubbard paid the box rental from a bank account which he set up under the latter name.

4. On September 23, 1991, the Missouri corporation terminated its relationship with Hubbard. In October, the

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corporation filed a change-of-address order for the box in question.

5. The Missouri corporation was not issued an official certificate of authority to transact business by Tennessee until October of 1991.

6. Hubbard has now relinquished P. O. Box 381181 and opened another box.

CONCLUSIONS OF LAW

1. Domestic Mail Manual § 951.122 defines the "box customer" as (a) the person who signs the application as an individual or (b) the organization on whose behalf an individual signs the application. At all times material hereto, the box customer has been Columbia Business Systems, Inc., a Missouri corporation, since Disputant Hubbard signed the original application in a representative capacity for that corporation. Only the box customer can update the application form or file a valid change-of-address order after the box has been issued. DMM § 951.33 and § 951.153.

2. It appears that a recent dispute with the Missouri corporation caused Hubbard to attempt to amend the box application to reflect a different boxholder, i. e. Columbia Business Systems, Inc. of TN. This amendment was not authorized by the Missouri corporation box customer, and Hubbard was not acting on behalf of that corporation. Also, the fact that Hubbard recently paid the box rental with funds

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from his own bank account does not change the Missouri corporation's status as box customer. Finally, Postal regulations did not require the Missouri corporation to be licensed with Tennessee before a box would be issued in the latter state.

3. Accordingly, all mail addressed to Columbia Business Systems, Inc., at P. O. Box 381181, Germantown, TN 38183-1181 should be delivered in accordance with the direction of Joe Malone, president of the corporation.

4. Mail addressed to a corporation to the attention of a former employee or other associate is delivered as directed by the president of the corporation. DMM § 153.51; Cf., DMM $S153.41. Accordingly, all mail jointly addressed to Ira Hubbard and Columbia Business Systems, Inc., should be delivered as directed by Joe Malone.

5. This decision determines to whom mail should be delivered and does not determine ownership of the disputed mail. Accordingly, if any mail is received pursuant to this decision which is clearly intended for Mr. Hubbard, Mr. Malone shall ensure that such mail is forwarded to Mr. Hubbard.

6. The attached mail delivery order should be issued.