In the Matter of a Mail Dispute                        )
Between                                                         )
                                                                        )
HENRY HEADDEN                                           )
President                                                         )
CARPENTER BUS SALES, INC.                       )
                                                                        )
                   and                                               )
                                                                        )
J. D. DUNN, INC.                                              )
d/b/a MAGNUM TRANSPORTATION               ) P.S. Docket No. MD 96-355

APPEARANCE FOR MR. HEADDEN:                Henry H. Headden
                                                                        P.O. Box 2126
                                                                        Brentwood, TN 37024-2126

APPEARANCE FOR J. D. DUNN, INC.:             William R. O’Bryan, Jr., Esq.
                                                                        Trabue, Sturdivant & Dewitt
                                                                        2500 Nashville City Center
                                                                        511 Union Street
                                                                        Nashville, TN 37219-1738

INITIAL DECISION

This mail dispute has been docketed pursuant to Postal Operations Manual (POM7, August 1, 1996) Section 616.21, 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 Carpenter Bus Sales, 1228 Lakeview Drive, Franklin, TN 37027-3073, is being held by the Franklin, Tennessee, Postmaster.

Mr. Dunn submitted a sworn statement in support of his claim, as required by 39 C.F.R. §965.5. Mr. Headden submitted a letter, with some supporting documents. As Mr. Dunn’s statement is sworn and Mr. Headden’s is not, the rules permit giving greater weight to the former, if appropriate. The following findings of fact are based on all the materials submitted by the parties, including that forwarded by the United States Postal Service Law Department, Memphis Office.

FINDINGS OF FACT

1. Prior to December 1986, Mr. Headden owned and operated Carpenter Bus Sales Company, at 1228 Lakeview Drive, Franklin, Tennessee. In December 1986, Mr. Headden sold the company to J. D. Dunn Enterprises, Inc.

2. On April 9, 1993, Mr. Dunn changed the name of Carpenter Bus Sales to J. D. Dunn Transportation, Inc., and continued to operate the company under that name until June 1994.

3. In June 1994, J. D. Dunn Transportation was placed in bankruptcy. Mr. Dunn formed a new company, J. D. Dunn, Inc., which acquired some of the assets of J. D. Dunn Transportation from the lienholder, including contracts and the right to operate under the lease at 1228 Lakeview Drive.

4. J. D. Dunn, Inc., d/b/a Magnum Transportation, still operates a bus sales and service dealership at 1228 Lakeview Drive.

5. On January 19, 1995, Mr. Headden incorporated a new company, Carpenter Bus Sales, Inc., with its place of business at 750 Old Hickory Blvd., Suite 150, Brentwood, Tennessee 37027.

6. On August 19, 1996, Mr. Headden submitted a PS Form 3575, Change of Address Order, asking that mail addressed to Carpenter Bus Sales at 1228 Lakeview Drive be forwarded to 750 Old Hickory Blvd., Bldg. 2, P.O. Box 2126, Brentwood, TN 37027.

Mr. Headden argues that many of his suppliers still have the old address for Carpenter Bus Sales (1228 Lakeview Drive) in their files and, therefore, mistakenly send mail intended for his new company to that address.

Mr. Dunn argues that some of his customers still address mail to Carpenter Bus Sales at 1228 Lakeview Drive because he operated under that name, at that address, for several years before changing the name in 1993.

There is nothing in the case file to prove that: (1) mail addressed to "Carpenter Bus Sales" has continuously been sent to 1228 Lakeview Drive from the date of the name change in 1993 to the present, or (2) such an address began to be used again only after Mr. Headden re-started his business using the name Carpenter Bus Sales in January 1995. Mr. Dunn’s sworn statement implies the former.

DECISION

The primary purpose of mail delivery rules is to cause mail to reach the destination intended by the sender. Because Mr. Headden did not use the name "Carpenter Bus Sales" from December 1986 until January 1995 and has not operated a business at 1228 Lakeview Drive, Franklin, Tennessee for nearly ten years, and because Mr. Dunn has continuously operated a bus sales and service business at that address since December 1986, even though he has not used the name Carpenter Bus Sales since April 1993, mail addressed to Carpenter Bus Sales, 1228 Lakeview Drive, is more likely intended for Mr. Dunn’s company, and should be delivered as directed by Mr. Dunn.

This decision deals only with delivery of the mail. It does not determine ownership of the mail. If Mr. Dunn receives mail that is intended for Mr. Headden’s company, it is his responsibility to see that such mail is properly forwarded. This decision also does not attempt to resolve any other financial or business disputes between the parties. 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. Domestic Mail Manual (DMM) § D042.6.3.

The attached mail delivery order should be issued.

                                                                                       Bruce R. Houston
                                                                                       Acting Chief Administrative Law Judge

TO THE POSTMASTER AT: FRANKLIN, TN 37064-9998

                                        RE: Mail Dispute Between

                                               HENRY HEADDEN
                                               President
                                               CARPENTER BUS SALES, INC.
                                                                                  and
                                               J. D. DUNN, INC.
                                               d/b/a MAGNUM TRANSPORTATION

                                               P.S. Docket No. MD 96-355

Mail addressed to CARPENTER BUS SALES, 1228 Lakeview Drive, Franklin, TN 37027-3073, currently held or received in the future, is to be delivered as directed by Mr. J. D. Dunn, Jr., president of J. D. Dunn, Inc.

                                                                                       Judicial Officer