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:                                   514 Ragsdale Terrace
Woodstock, GA 30188-4462

APPEARANCE FOR DISPUTANT                             Scott N. G. Childress, Esq.
JAMES E. COBERN:                                                 169 Norcross Street, Suite 101
Roswell, GA 30075-3811

POSTAL SERVICE DECISION

On May 24, 1993, an Administrative Law Judge issued an Initial Decision in which she determined that mail addressed to Regalabs, Inc., 514 Ragsdale Terrace, Woodstock, GA 30188-4462, which is currently being held or hereafter received, is to be delivered in accordance with the direction of Jerry Leonard Cobern. In reaching this conclusion, the Administrative Law Judge relied on the documents forwarded by Field Counsel pursuant to Domestic Mail Manual (DMM) § 153.72, and the submittal of Disputant Jerry Cobern.

Disputant James Cobern had not filed a submittal as required by 39 C.F.R. § 965.6 and therefore was also found to be in default under 39 C.F.R. § 965.7.

Disputant James Cobern has filed an appeal from the Initial Decision in which he claims that he was did not file a written submittal as required since the Notice of Docketing and Submittal Due Date was sent to his old address and not timely received. Disputant James Cobern also takes exception to the Administrative Law Judge's findings and conclusions, and alleges that the mail in dispute should be delivered to him since he "founded" Regalabs and continues to operate a business under the name Regalabs, Inc. In support of his contentions, Disputant James Cobern submits documentation establishing that he incorporated Regalabs, Inc. in March 1993, that the corporate address is 1020 Branch Road, Canton, GA 30114, and that prior to incorporation his business address was 125 Ridge Point Close, Roswell, GA.

Disputant James Cobern has shown on appeal that his failure to file a timely submittal was excusable.^1/ However, he has not shown that the Administrative Law Judge's Initial Decision is erroneous. While Disputant James Cobern has established that he does business using the name Regalabs or Regalabs, Inc., he has not persuasively established that he is entitled to delivery of mail addressed to Regalabs or Regalabs, Inc., at the 514 Ragsdale Terrace, Woodstock, GA. address. Rather, Disputant James Cobern has only established that a business operated solely by him, known as Regalabs or Regalabs, Inc., previously operated from his Roswell, GA address, and currently from the Canton, GA corporate address,^2/ neither of which are the address in dispute in this proceeding. Since Disputant Jerry Cobern continues to operate a business under the trade name Regalabs, at the Ragsdale Terrace, Woodstock address, and that address is also the personal residence of Disputant Jerry Cobern, it is more likely that mail addressed to Regalabs, or Regalabs, Inc., at 514 Ragsdale Terrace, GA 30188-4462, is intended for Disputant Jerry Cobern.^3/

Conclusion

After consideration of the entire record and Disputant James Cobern's exceptions to the Initial Decision, it is concluded that all mail addressed to Regalabs, or Regalabs, Inc., 514 Ragsdale Terrace, GA 30188-4462, which is currently being held or hereafter received, is to be delivered in accordance with the direction of Jerry Leonard Cobern.

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

James A. Cohen
Judicial Officer

1/ As Disputant James Cobern contends, the Notice of Docketing and Submittal Due Date was sent to his previous Roswell, GA address. Based on Disputant James Cobern's contention that he did not receive the Notice until May 18, 1993, his submittal would not have been due until June 2, 1993. The Initial Decision, however, was issued on May 24, 1993. Under the circumstances, Disputant James Cobern's appeal is being treated as his submittal under 39 C.F.R. § 965.5 and the Judicial Officer is exercising de novo review of the entire record, including the new evidence attached to the appeal, in deciding this case.

2/ According to Disputant James Cobern, the only offices for Regalabs or Regalabs, Inc. have been the 1020 Branch Road, Canton, GA, and 125 Ridge Point Close, Roswell, GA addresses.

3/ Disputant James Cobern's only contention that he used the Woodstock, GA address is in his statement that Disputant Jerry Cobern was a partner in Regalabs in January 1992, and at the time of the partnership, products for Regalabs began being shipped to both the Roswell and Woodstock, GA addresses. If in fact a "partnership" was ever created and no longer exists, and as Disputant James Cobern contends he has since incorporated the name and operates only from the Canton, GA address, mail addressed to Regalabs or Regalabs, Inc. at the Woodstock, GA address should be delivered to Disputant Jerry Cobern who continues to operate from the same business location using the same business name.

Moreover, since Disputant James Cobern only recently incorporated the business name Regalabs, Inc., it is unlikely that the use of "Inc." in the business name affects the intended delivery of mail addressed to the Ragsdale Terrace, Woodstock, GA address.