In the Matter of a Mail Dispute                     ) 
Between                                                     )
                                                                    )
VINCENT FOLLERT                                      )
                                                                    )
                and                                              )
                                                                    )
PAUL FOLLERT, JR.                                    )
WILLIAM FOLLERT                                      )  P.S. Docket No. MD 95-423

APPEARANCE FOR VINCENT FOLLERT:    None

APPEARANCE FOR PAUL, JR.,
AND WILLIAM FOLLERT:                            William Follert
                                                                   Stedman Road
                                                                   New Hartford, CT 06057-3109

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book §153.72, which requires the chief field counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to Follert Brothers Lumber, Stedman Road, New Hartford, Connecticut 06057. The mail is currently being held by the New Hartford Postmaster.

William Follert filed a sworn statement as required by 39 C.F.R. §965.5. Vincent Follert has not filed a submittal or comments to William Follert's statement, a copy of which was provided to him. The following findings of fact are based on William Follert's submission and information from the Postal Service that was included in the file referred to the Judicial Officer.

FINDINGS OF FACT

1. At some time before 1993, Vincent Follert and his brother, Paul Follert, Sr., began Follert Brothers Lumber which by 1993 was located on Stedman Road in New Hartford, Connecticut.

2. In April 1993, William Follert and Paul Follert, Jr., took over the share of the business belonging to Paul Follert, Sr., their father.

3. Since April of 1993, William Follert and Paul Follert, Jr., have operated Follert Brothers Lumber on Stedman Road, and Vincent Follert has had no role in the management or operation of the business.

4. In December 1994, Vincent Follert's wife submitted a request to the New Hartford Postmaster that mail addressed to Follert Brothers Lumber on Stedman Road be forwarded to a post office box she opened. Vincent Follert has advised the postmaster that he wishes Follert Brothers Lumber mail to be delivered to the post office box and not to the street address.

5. William Follert and Paul Follert, Jr., have requested that Follert Brothers Lumber mail be delivered to the business premises on Stedman Road.

CONCLUSIONS OF LAW

1. Section 965.7 of 39 C.F.R. provides that a party who fails to file the submittal required by §965.5 may be held in default. Vincent Follert, having failed to make the required submission, is in default. Based on that default, the disputed mail may be delivered as requested by William Follert and Paul Follert, Jr.

2. Additionally, as William Follert and Paul Follert, Jr., have operated the business known as Follert Brothers Lumber at the address in dispute since 1993, it is likely that persons sending mail to Follert Brothers Lumber on Stedman Road intend that it be delivered to the business. For that reason, the disputed mail should be delivered as addressed.

3. Resolution of this dispute determines only the right to direct delivery of mail addressed to Follert Brothers Lumber on Stedman Road. It does not determine the question of ownership of the mail nor does it attempt to resolve any other disputes between the parties. If William Follert and Paul Follert, Jr., receive mail that is clearly intended for Vincent Follert, they must assure that it is promptly delivered to him.

4. The attached mail delivery order should be issued.

Norman D. Menegat
Administrative Judge