In the Matter of a Mail Dispute                        )
Between                                                        )
                                                                       )
RUTH LIEF MILLER                                          )
                                                                       )
                and                                                 )
                                                                       )
THERESA S. RIGDON                                     )   P.S. Docket No. MD 94-156

APPEARANCE FOR RUTH LIEF MILLER:         Ruth Lief Miller
                                                                       226 South Street
                                                                       Philadelphia, PA 19147-2310

APPEARANCE FOR THERESA S. RIGDON:    Theresa S. Rigdon
                                                                       1936 Spruce Street
                                                                       Philadelphia, PA 19103-6613

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §153.721c which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute, which is addressed to Miller & Company Real Estate, Inc., 419 South 20th Street, Philadelphia, PA 19146-1451, is now being held by the Philadelphia Postmaster. Both parties have submitted sworn statements with attached documents in support of their claims, as required by 39 C.F.R. §965.5. The following Findings of Fact and Conclusions of Law are based on those statements and documents.

FINDINGS OF FACT

1. On May 14, 1993 the two disputants entered into an Agreement of Sale. Miller & Company Real Estate, Inc., 419 South 20th Street, Philadelphia, PA was the named "Seller," and Rigdon Miller & Co., Real Estate was the named "Purchaser." Ruth Lief Miller signed as "President" of Miller & Company, Theresa S. Rigdon signed as "President" of Rigdon Miller.

2. The Purchaser agreed to buy assets of the Seller, described as follows:

"(A) The furniture, fixtures and equipment as follows: [several items were listed].

(B) The goodwill of the business together with the exclusive right to the purchaser to represent itself as carrying on the sales business in succession to the Seller and to use the business style of the business and variations of the business to be carried on by the Purchaser (the "goodwill"); [ . . .]

(C) Purchaser shall have the exclusive right to use the name Miller in any way."

3. On May 10, 1994, an assistant of Ruth Lief Miller submitted a Change of Address Order, PS Form 3575, directing that mail addressed to Miller & Company, 419 South 20th Street, be forwarded to 226 South Street.

4. On September 1, 1994, Theresa Rigdon submitted a Change of Address Order, PS Form 3575, with the word "Correction" written at the top, directing that mail addressed to Miller & Company at 419 South 20th Street, be forwarded to 1936 Spruce Street.

5. Disputant Miller's October 28, 1994 letter in support of her position in this case is on the letterhead of another real estate company, Mallin & Panchelli Inc.

CONCLUSIONS OF LAW

1. As a general rule, mail addressed to an organization will be delivered as directed by the President of that organization.⁽¹⁾

2. With her sworn statement, Ruth Lief Miller has submitted a letter from a Certified Public Accountant stating that Miller & Company Real Estate, Inc. still exists, and that she (Miller) owns all the stock. This would suggest that the disputant, Miller, is still President of that organization and could direct delivery of mail.

3. The terms of the Agreement of Sale, however, point in a different direction. That agreement, in the portions quoted above, states that the purchaser will carry on the seller's business, and has the exclusive right to use the name "Miller" in so doing. The agreement also included a non-competition clause, by which the sellers agreed not to own or operate a real estate sales business in center city Philadelphia for one year. Since May 1993, therefore, it would appear that Miller & Company ceased doing real estate business in Philadelphia, and that Rigdon Miller & Co., Real Estate took its place. It is also assumed that mail addressed to Miller & Company at 419 South 20th Street, from May 1993 until this dispute arose, has been delivered to Rigdon Miller & Co.

4. Based on the above analysis, it is likely that mail currently addressed to Miller & Company at 419 South 20th Street is intended for Rigdon Miller & Co., and should be delivered as directed by Theresa Rigdon, as President of Rigdon Miller & Co.

5. This decision deals only with delivery of the disputed mail. If Ms. Rigdon receives any mail intended for Ms. Miller personally, she is responsible for promptly forwarding it to Ms. Miller.

6. The attached mail delivery order should be issued.

Bruce R. Houston
Administrative Law Judge

1.Domestic Mail Manual §D042.4.1: "All mail addressed to a governmental or nongovernmental organization or to an individual by name or title at the address of the organization is delivered to the organization, as is similarly addressed mail for former officials, employees, contractors, agents, etc. If a disagreement arises where any such mail should be delivered, it must be delivered under the order of the organization's president or equivalent official."