In the Matter of a Mail Dispute                          )
Between                                                          )
                                                                         )
ROSEMARY CALHOUN and                             )
CHERIE CALHOUN                                            )
                                                                         )
                and                                                   )
                                                                         )
GREG BRANCH and                                         )
TERRI ROBERTS BRANCH                               ) P.S. Docket No. MD 96-131

APPEARANCE FOR ROSEMARY CALHOUN    Herbert W. Benson, Esq.
     and CHERIE CALHOUN:                               218 N. Central Avenue
                                                                         Tifton, GA 31794-4345

APPEARANCE FOR GREG BRANCH and         G. G. Joseph Kunes, Jr., Esq.
TERRI ROBERTS BRANCH:                              230 East Second Street
                                                                         Tifton, GA 31794-4410

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 A TOUCH OF ROSEMARY, 271 Brumby Way, Tifton, GA 31794-4850, is currently being held by the Tifton, Georgia Postmaster.

Both parties have submitted sworn statements, and attached documents, in support of their claims, as required by 39 C.F.R. §965.5. The following Findings of Fact are based on all the materials submitted by both parties, including that forwarded by the Law Department, Atlanta Field Office.

FINDINGS OF FACT

1. Rosemary Calhoun is the former owner of the business known as "A Touch of Rosemary," located at the disputed address.

2. On December 4, 1995, following negotiations that began in September 1995, Rosemary Calhoun made an oral agreement with Terri Roberts (now Terri Roberts Branch) to sell the business to Mrs. Branch for $72,500. A down payment of $57,528.25 was made, with the remainder to be paid at some later date. The terms under which this remaining $14,971.75 was to be paid, and when it was to be paid, are the subject of a current lawsuit between the parties.

3. Mrs. Branch took control of the premises on December 5, 1995, and has been conducting business continuously since that time, using the name, "A Touch of Rosemary."

4. On December 21, 1995, Rosemary Calhoun signed a memorandum, addressed "To Whom It May Concern," that stated, "I, Rosemary Calhoun, have sold A Touch of Rosemary and no longer have any affiliation with the store." The memo refers to invoices dated prior to October 3, 1995 and asks that correspondence pertaining to those accounts to be sent to her at 302 W. 26th Street.

5. A notice in The Tifton Gazette, January 4, 1996 states, "I, Rosemary Calhoun and Cherie Calhoun, former owner and operators of "A Touch of Rosemary" are no longer affiliated in any capacity with "A Touch of Rosemary."

6. On January 25, 1996, Rosemary Calhoun filed a Complaint against Greg and Terri Branch in Superior Court for the County of Tift, alleging that the Branches had failed to remit the remainder of the sales price as required by the terms of their agreement. Rosemary and Cherie Calhoun also filed a Complaint in Magistrates Court for the County of Tift, alleging that the Branches had failed to turn over items of personal property belonging to the Calhouns.

7. The Branches filed Answers to the Complaints, along with a Counterclaim in the Superior Court case. These lawsuits are still pending in the courts of Tift County, Georgia.

8. At some time, date uncertain, Cherie Calhoun submitted a PS Form 3575, Change of Address Order, directing that mail addressed to A Touch of Rosemary, 271 Brumby Way, Tifton, GA 31794 be forwarded to 302 W. 26th Street, Tifton, GA 31794, thus precipitating this mail dispute.

DECISION

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

All mail addressed to a governmental or nongovernmental

organization . . . is delivered to the organization, . . .. 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.

Regardless of the merits of the pending lawsuits, it is clear that Mrs. Branch is now the "president or equivalent official" of the business known as "A Touch of Rosemary." She took over the premises, and has been operating the business at the disputed address since December 5, 1995. This is well-established by the documents submitted by both parties, including a February 9, 1996 letter from Cherie Calhoun to the local postmaster, that states, "They [the Branches] have been in complete control of the sales and inventory since this date [December 4, 1995]." It appears that this mail dispute was generated simply to gain some leverage in getting the buyers to comply with what the sellers believed to be the terms of their sales agreement. The mail in dispute should be delivered as directed by Terri Roberts Branch.

This decision deals only with delivery of the mail. It says nothing about the merits of the claims and counterclaims over the breakdown of the sales agreement. It also does not determine ownership of the mail. If Mr. and Mrs. Branch receive any mail intended for the Calhouns personally, it is their responsibility to see that such mail is promptly forwarded. Finally, if either party obtains a Court Order directing delivery of mail, postal regulations provide that mail will be delivered in accordance with such an order. DMM §D042.6.3.

The attached mail delivery order should be issued.

                                                                                       Bruce R. Houston
                                                                                       Acting Chief Administrative Law Judge