In the Matter of a Mail Dispute                                ) April 8, 1994
Between:                                                               )
                                                                               )
RICHARD J. VANDENBERG                                    )
Chief Financial Officer                                            )
CIMERRON HEALTH CARE, INC                              )
                                                                                )
and                                                                          )
                                                                                )
C. JO LUCKE                                                           )
FOSTER DEVELOPMENT CO.                                  )
                                                                                )
BILL FOSTER                                                           )
FOSTER DEVELOPMENT CO.                                  ) P.S. Docket No. MD-214

APPEARANCE FOR CIMERRON
HEALTH CARE, INC.:                                               Richard J. Vandenberg
                                                                                Suite 200
                                                                                1144 Canton Street
                                                                                Roswell, GA 30075-3683

APPEARANCE FOR FOSTER
DEVELOPMENT CO.:                                               William M. Foster
                                                                                146 Spring Street
                                                                                Macon, GA 31201-1917

POSTAL SERVICE DECISION

On March 9, 1994, an Initial Decision was issued in which it was determined that mail addressed to P.O. Box 870, Tybee Island, GA 31328-0870 is to be delivered as directed by representatives of Oceanside Nursing Center, Inc., and Savannah Beach Nursing Center, Inc. Although no appeal has been filed, the Judicial Officer has determined to exercise his discretion to review the Initial Decision on his own motion. Upon review, it is concluded that the record supports the Administrative Judge's conclusion that Disputant Vandenberg, as a representative of Oceanside Nursing Center, Inc., and Savannah Beach Nursing Center, Inc., controls P.O. Box 870. However, the record does not support the conclusion that mail addressed to Oceanside Nursing Center and Savannah Beach Nursing Center at P.O. Box 870 should be delivered as directed by Disputant Vandenberg.

The record reflects that several different owners have operated two nursing centers on Tybee Island, under the names Oceanside Nursing Center and Savannah Beach Nursing Center since at least 1967 and have used P.O. Box 870 for receipt of the nursing centers' mail since at least 1976. In 1988, Robert and Karen Hagan purchased the centers and in 1989 established two corporations, Oceanside Nursing Center, Inc., and Savannah Beach Nursing Center, Inc., to operate the centers. In 1993, Disputant Foster purchased the nursing centers at a foreclosure sale along with the right to use the trade names and all rights and assets associated with the operation of the nursing centers. According to Disputant Vandenberg, after the foreclosure sale the corporations continued to maintain offices in Tybee Island and receive mail at P.O. Box 870. When there is a dispute between organizations with confusingly similar names, and there is some doubt as to the intended recipient of mail so addressed, delivery is to be made to the most likely intended recipient, which is usually the party who first used the name or has used the name for the longest period of time.⁽¹⁾ The nursing centers have operated under the names Oceanside Nursing Center and Savannah Beach Nursing Center since at least 1967 and have received mail at P.O. Box 870 since at least 1976. Although the corporations were formed to operate those nursing centers in 1989, they have operated independently for less than a year. Therefore, the most likely intended recipient of mail addressed to Oceanside Nursing Center or Savannah Beach Nursing Center at P.O. Box 870 is the current owner/operator of the properties, Disputant Foster.

Accordingly, mail addressed to Oceanside Nursing Center, Savannah Beach Nursing Center, or to any resident of either facility at P.O. Box 870 is to be delivered as directed by Disputant Foster or an authorized representative of Foster Development Co. Mail addressed to Oceanside Nursing Center, Inc., or Savannah Beach Nursing Center, Inc., is to be delivered as directed by Disputant Vandenberg or a representative of the corporations.

The parties are reminded that a decision in a mail dispute determines only the right to delivery of the mail in dispute not the ownership of the mail. If either of the parties receives mail intended for the other, that party is responsible for forwarding such mail to the intended recipient.

James A. Cohen
Judicial Officer

1. See Edwin G. Blake, P.S. Docket No. MD-197 at 3 (P.S.D. Jan. 18, 1994); Vinal Whitney, P.S. Docket No. MD-135 at 5 (P.S.D. Feb. 10, 1992); Safeguard Business Systems, Inc., P.S. Docket No. MD-136 at 5 (P.S.D. Feb. 7, 1992); Rev. Paul Carrithers, P.S. Docket No. MD-119 at 3-4 (P.S.D. Oct. 2, 1991).