In the Matter of a Mail Dispute Between:               )
                                                                               )
JERRY LEONARD COBERN                                    )
                                                                               )
and                                                                         )
                                                                               )
JAMES E. COBERN                                                 )    P.S. Docket No. MD-180

APPEARANCE FOR DISPUTANT
JERRY LEONARD COBERN:                                   Jerry Leonard Cobern, Pro Se
514 Ragsdale Terrace
Woodstock, GA 30188-4462

APPEARANCE FOR DISPUTANT
JAMES E. COBERN:                                                None

INITIAL DECISION

This mail dispute matter has been docketed pursuant to Domestic Mail Manual § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. The mail in dispute is addressed to Regalabs, Inc., at 514 Ragsdale Terrace, Woodstock, GA 30188-4462. Disputant Jerry Leonard Cobern ("Jerry Cobern") has filed a written submittal, as required by 39 C.F.R. § 965.5, while Disputant James E. Cobern ("James Cobern") has not. Nor has Disputant James

Cobern filed any comments addressing Disputant Jerry Cobern's submittal, as permitted by 39 C.F.R. § 965.6. The following findings of fact and conclusions of law are based on the submittal filed by Jerry Cobern, the attachments thereto, and the documentation forwarded by the Office of Field Legal Services.

FINDINGS OF FACT

1. The disputants are brothers. In January 1992 Disputant Jerry Cobern formed a company under the name of Regalabs which he operated from his home address, 514 Ragsdale Terrace, Woodstock, GA 30188-4462. The purpose of the company is to wholesale and distribute vitamins, minerals, herbal teas, sports nutrition products, and cosmetics to the retail market.

2. Disputant Jerry Cobern is the president of Regalabs. Disputant James Cobern was employed as a marketing representative for Regalabs from January 1992 to February 26, 1993.

3. On March 1, 1993, Disputant Jerry Cobern discovered that Disputant James Cobern and another employee of Regalabs had called various customers who owed money to the company and told them that Regalabs had moved to a new address. The address Disputant James Cobern gave to the customers was the address where he is currently living, 1020 Branch Road, Canton, GA 30114.

CONCLUSIONS OF LAW

1. Disputant James Cobern failed to file the submittal required by 39 C.F.R. § 965.5 and thus is in default in this proceeding pursuant to 39 C.F.R. § 965.7.

2. The mail in dispute in this case is addressed to a company called Regalabs, Inc. The Domestic Mail Manual ("DMM") provides that mail addressed to a corporation or other organization "must be delivered according to the order of the organization's president or equivalent official." DMM § 153.41. The record evidence shows that Jerry Cobern is the president of Regalabs, Inc. Accordingly, it is determined that Disputant Jerry Cobern has the right to control the delivery of all mail addressed to Regalabs, Inc., at 514 Ragsdale Terrace, Woodstock, GA 30188-4462.

3. Resolution of this dispute determines only the right to delivery of the mail. It does not determine the question of ownership. If either party to this dispute receives any mail intended for the other, that party is responsible for assuring delivery of the mail to the correct recipient.

4. The attached mail delivery order should be issued.

Judith A. Dowd
Administrative Law Judge