In the Matter of a Mail Dispute                         )
Between                                                          )
                                                                         )
ROBERT A. RICHARDSON, M.D.                      )
                                                                         )
and                                                                   )
                                                                         )
DR. EZZAT A. MIKHAIL                                    ) P.S. Docket No. MD 96-13

APPEARANCE FOR DR. RICHARDSON:          Ralph F. George, Jr., Esq.
                                                                        119 F Street
                                                                        P.O. Box 299
                                                                        Needles, CA 92363
 
APPEARANCE FOR DR. MIKHAIL:                   Margaret M. Cahill, Esq.
                                                                        1600 Dove Street, Suite 480
                                                                        Newport Beach, CA 92660

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 Dr. Robert A. Richardson, 1050 E. Broadway, P.O. Box 59, Needles, CA 92363-0059, is being held by the postmaster at Needles, California. Both parties submitted sworn statements, and accompanying

documents, as required by 39 C.F.R. §965.5, and Dr. Mikhail submitted additional comments as permitted by 39 C.F.R. §965.6. The following Findings of Fact are based on all the materials submitted by the parties, and the information forwarded by the field counsel.

FINDINGS OF FACT

1. Dr. Robert A. Richardson entered into an Employment Agreement with Needles Radiology Medical Corporation (the "Company"), effective January 16, 1995. Throughout the Agreement, Dr. Richardson is referred to as "Employee," and paragraph 10(e) of the Agreement states, "[t]he relationship created by this Agreement shall be deemed and construed to be, and shall be, that of Employer and Employee and not of any other type or nature." Dr. Richardson was to be paid a monthly salary, plus a percentage of certain revenues above a base amount. The Agreement was signed by Dr. Richardson as "Employee," and by Salma H. Mikhail, M.D., as President of the "Company."

2. The Needles Radiology Medical Corporation does business as Family Care Clinic at 1050 East Broadway, Needles, California. On January 25, 1995, Dr. E. A. Mikhail,⁽¹⁾ using PS Form 1093, opened Post Office Box 59 on behalf of Family Care Clinic. Persons listed on the Form 1093 as authorized to receive mail addressed to that post office box were Dr. E. Mikhail, Dr. Robert Richardson, and Dr. M. Monique Boutros.

3. On or about July 7, 1995, Dr. Richardson left the Family Care Clinic and began practicing medicine elsewhere. On July 27, 1995 he filed a Change of Address Order, PS Form 3575, directing that mail addressed to him at Post Office Box 59 be forwarded to him at Post Office Box 368, also at the Needles Post Office.

4. Sometime in August 1995, Dr. Mikhail came to the Needles Post Office and protested the forwarding of any mail addressed to Post Office Box 59, thus generating this mail dispute.

DECISION

The Domestic Mail Manual (DMM) §D042.4.1 states:

All mail addressed to a governmental or nongovernmental organizationor 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 disagreement arises where any such mail should be delivered, it must be delivered under the order of the organization's president or equivalent official. (emphasis added)

This rule dictates the result in this mail dispute. Dr. Richardson is a former employee of the Needles Radiology Medical Corporation, d/b/a Family Care Clinic. Post Office Box 59 is the organization's mailing address. Therefore, mail addressed to Dr. Richardson at that address must be delivered to that address, not to his forwarding address.

This decision determines only the right to delivery of the mail. It does not determine ownership of the mail, or any other matter in dispute between Dr. Richardson and his former employer. If Dr. Mikhail, or any other official of Needles Radiology Medical Corporation, receives mail intended for Dr. Richardson personally, it is their responsibility to forward it promptly to Dr. Richardson.

The attached delivery order should be issued.

                                                                                       Bruce R. Houston
                                                                                       Acting Chief Administrative Law Judge

1. Salma Mikhail and E. A. Mikhail are apparently two different people, both officers of Needles Radiology Medical Corporation. There is a July 24, 1995 letter in the file from Dr. Richardson addressed to "Drs. Ezatt [sic] and Salma Mikhail."