In the Matter of a Mail Dispute Between:

FREDDA JOINER
and
MARK HOLLAND

P.S. Docket No. MD-150

06/10/92

Grant, Quentin E.

APPEARANCE FOR DISPUTANT FREDDA JOINER: Fredda Joiner, Pro Se,
1719 Faxon Avenue, Memphis, TN 38112-5004

APPEARANCE FOR DISPUTANT MARK HOLLAND: Mark Holland, Pro Se,
3109 North Ola Avenue, Tampa, FL 33603-5744

INITIAL DECISION

The Office of Field Legal Services, Southern Division, has forwarded this mail dispute for resolution pursuant to Domestic Mail Manual (DMM) § 153.72 and 39 C.F.R. Part 965.

The following findings of fact are based on the submittals of the parties under the Rules of Practice and documentation furnished by them to the Office of Field Legal Services.

FINDINGS OF FACT

1. The disputants are Mark Holland, 3109 N. Ola Avenue, Tampa, FL 33603-5744 and Fredda Joiner, 1719 Faxon Avenue, Memphis, TN 38112-5004.

2. The mail in dispute is addressed to The Gram Parsons Memorial Foundation (GPMF), The Cosmic American Music News (CAMN), Gram Parsons International (GPI), and Gram Parsons Foundation (GPF), 1719 Faxon Avenue, Memphis, TN 38112-5004.

3. The organizations named above appear to be non-profit organizations, with minimal organizational formality disclosed in the record, all dedicated to, and involved in, preservation and promotion of the music and influence of country rock singer/songwriter Gram Parsons who called his music "Cosmic American Music."

4. The Gram Parsons Memorial Foundation (GPMF), the earliest of these organizations, was founded by disputant Mark Holland in 1980 in Tampa, FL. Holland designated himself Director of GPMF.

5. In March 1982, GPMF in Tampa, FL initiated a semi-annual publication entitled The Cosmic American Music News (CAMN).

6. In or about 1983, John DeCesare became president and Larry Sepulvado became vice-president of GPMF.

7. Since 1982, disputant Holland has not been involved with the publication of CAMN newsletters or magazines.

8. In the Fall of 1984, disputant Fredda Joiner and Mary Lee Joiner accepted from John DeCesare the responsibility for production of CAMN magazine, Fredda Joiner as Secretary of GPMF and Director of CAMN, Mary Lee Joiner as public relations director. Thereafter, CAMN was published in Memphis, TN, where the Joiners reside, at 1719 Faxon Ave. 38112.

9. Since 1987 all dues for memberships and renewals of memberships in GPMF and all correspondence relating to CAMN have been directed to 1719 Faxon Avenue, Memphis, TN 38112.

10. On July 27, 1988, disputant Holland resigned as director of GPMF.

11. Several years ago, disputant Holland started using the name Gram Parsons Foundation (GPF) for selling merchandise, such as tee shirts, buttons and videos relating to Gram Parsons from his address, 3109 N. Ola Avenue, Tampa, FL 33603. Holland has not used the Joiner's Memphis address in connection with his Tampa GPF operations.

12. CAMN has never been published by disputant Holland operating as GPF.

13. Beginning in January 1992, the Joiners commenced using the name Gram Parsons International (GPI) as the publisher of CAMN to avoid confusion with disputant Holland's commercial GPF operations, unrelated to CAMN, in Tampa. At the time they made this change, the Joiners notified Holland who said this would be fine with him. However, when Holland saw in the current CAMN a letter to the editor critical of him and his GPF commercial venture in Tampa he became enraged and started this mail dispute by filing with the Hollywood Branch of the Memphis Post Office change of address orders directing that mail addressed to The Gram Parsons Memorial Foundation (GPMF), The Cosmic American Music News (CAMN), Gram Parsons International (GPI) and Gram Parsons Foundation (GPF) at 1719 Faxon Avenue, Memphis, TN 38112-5004 be sent to Holland's address, 3109 N. Ola Ave., Tampa, FL 33063.

14. The bulk of the disputed mail contains renewal or new membership dues to GPFM or GPI for which the senders are entitled to receive CAMN, or are letters inquiring how to obtain the magazine. It has no relationship to the commercial operations of Holland, as GPF, in Tampa.

CONCLUSIONS OF LAW

Although disputant Holland was the founder and an original director of The Gram Parsons Memorial Foundation (GPMF), he resigned as director in 1988 and has played no part for several years in the publication of CAMN by the Joiners in Memphis and in their solicitation and receipt of new membership and renewal dues for GPMF (now GPI). Holland's only relevant activity related to Gram Parsons for the past several years has been in the sale of tee shirts, buttons and video cassettes. This business, operated as GPF, is entirely distinct and separate from the activity of disputant Joiner in Memphis which is the handling of memberships in GPFM (now GPI) and publication of CAMN.

The bulk of the disputed mail is related to CAMN and intended to reach GPFM (now GPI) at the Memphis address and, therefore, should be delivered as addressed. Disputant Holland has never used the Memphis address for his GPF commercial operation and has shown no right to receive or direct the delivery of the disputed mail.

This decision determines only the right to receive the disputed mail, not the ownership thereof. Therefore, if disputant Joiner receives any mail intended for disputant Holland or his GPF operation in Tampa, FL, she is to forward it to him promptly.

The attached order should be issued.

Grant, Quentin E.,
Chief Administrative Law Judge