In the Matter of a Mail Dispute Between

BRADLEY E. ESSMAN

and

DR. G. TYRONE BELLAMY
WELLNESS RESEARCH INSTITUTE

P.S. Docket No. MD 96-76

APPEARANCE FOR DISPUTANT BRADLEY E. ESSMAN:
Bradley E. Essman
The Magellan Building, Site 101B
1410 Magellan Drive
Sarasota, FL  34243-4431

APPEARANCE FOR DISPUTANT DR. G. TYRONE BELLAMY
Dr. G. Tyrone Bellamy
Wellness Research Institute
P.O. Box 15
Rigby, ID  83442-0015

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 ALTERNATIVE HEALTH CARE CONNECTIONS, INC., P.O. Box 57, Rigby, ID  83442-0057, is currently being held by the Rigby, Idaho Postmaster.

            Both disputants have submitted sworn statements, and other documents in support of their claims, as required by 39 C.F.R. §965.5, and additional comments, as permitted by C.F.R. §965.6.  Both have also responded to an Order of May 3, 1996 asking for additional information.  The following finds of fact and conclusions of law are based on all the material submitted by both parties, including that forwarded by the Postal Service Law Department in San Francisco.

FINDINGS OF FACT

            1.  Alternative Health Care Connections, Inc. (AHCC) was incorporated n Nevada on June 23, 1995 by Richard T. Joseph, Inc., a Florida corporation.  Documents from the office of the Nevada Secretary of State show that, as of October 4, 1995, Bradley Essman was President and Secretary of AHCC, and Faith Hancock was Treasurer.

            2.  AHCC was formed to provide "alternative health care information, treatments and resources."  For this purpose, it entered into various alliances with other individuals and corporations, including Dr. G. Tyrone Bellamy, described in promotional literature as having "over 30 years experience in researching, analyzing and implementing alternative health care methods."

            3.  On November 7, 1995, Dr. Bellamy rented Post Office Box 57 in Rigby, Idaho in the name of Alternative Health Care Connections (AHCC), and paid a $52.00 semi-annual rental fee.  He renewed the box rental on April 10, 1996, again paying the rental fee.

            4.  AHCC markets its products and services through advertising containing a clip-out form asking customers to remit money to AHCC at P.O. Box 57 in Rigby.

            5.  At some time, the relationship between AHCC and Dr. Bellamy deteriorated, and on February 17, 1996, Mr. Essman submitted a PS Form 3575, Change of Address Order, directing that mail addressed to P.O. Box 57 be forwarded to 1410 Magellan Drive, Sarasota, FL  34243, thus precipitating this mail dispute.

            6.  On March 3, 1996, Dr. Bellamy sent a telefax message addressed to "Bradley E. Essman, Designated President of AHCC."  He asked Mr. Essman,

"in your capacity as designated president of AHCC," to notify Ms. Hancock that Dr. Bellamy was demanding a corporate meeting.  Mr. Essman apparently did not oblige, but on March 11, 1996 Dr. Bellamy sent another telefax message, addressed to "All Concerned," stating that there would be a corporate meeting on April 22, 1996 in Idaho Falls to elect officers.

            7.  The record is unclear as to who attended the April 22 meeting, but a memorandum signed by "Lucille V. Peters, Secretary," dated May 10, 1996, states that at "a board meeting" on April 22, 1996, Mr. Essman was removed as president and Dr. Bellamy was elected president.

            8.  On April 27, 1996, Dr. Bellamy filed a lawsuit in an Idaho State Court naming Mr. Essman and many others as defendants, alleging fraud, breach of contract and several other causes of action.  The suit also asked for a preliminary injunction regarding the mail and the post office box.  Because Dr. Bellamy has not asserted that this request for injunction has been granted, I assume it has not.

CONTENTIONS OF THE PARTIES

            Mr. Essman argues that, although Dr. Bellamy opened the Rigby post office as an agent of AHCC, in anticipation of their business relationship continuing, Dr. Bellamy was never an officer, director or shareholder of AHCC and has no ownership rights.  Mr. Essman claims authority as president of AHCC.

            Dr. Bellamy does not dispute Mr. Essman's documentation showing who were the original officers of AHCC, but asserts that Mr. Essman was removed from all offices he held at a corporate meeting in Idaho on April 22, 1996, and that he, Dr. Bellamy was elected president.  His principal claim to the mail, however, is based on that fact that he rented, and paid for, the post office box.  He also says that "I have been doing business as Alternative Health Care Connections (AHCC) for approximately one year."

            Mr. Essman contends that there was no valid corporate meeting on April 22, 1996 because Dr. Bellamy had no authority to call such a meeting.  Mr. Essman insists that he is still the President of AHCC.

DECISION

            This decision turns on who is currently recognized as President of AHCC.  The Domestic Mail Manual (DMM) §D042.4.1 provides: 

            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.

            Dr. Bellamy opened Box 57 not for himself, but as the agent of AHCC.  Because that agency has been terminated as a result of the underlying dispute between the parties, the mere fact that he opened the box and paid the rental fee does not entitle him to delivery of the corporation's mail.  Safeguard Business Systems, Inc., P.S. Docket No. MD-136 (P.S.D. February 7, 1992).

            There is no dispute that Mr. Essman was, as of October 1995, the President of AHCC.  Therefore, unless he was removed, and Dr. Bellamy elected, as Dr. Bellamy claims, Mr. Essman is entitled to direct the delivery of mail addressed to AHCC.  The documents submitted by Dr. Bellamy are not persuasive.  They do not establish that the meeting and purported election of April 22, 1996 were conducted in compliance with Nevada law.  Nevada Revised Statutes, NRS Chapter 78, Private Corporations.  Mr. Essman is still the President of AHCC and may direct delivery of the mail.

            This decision deals only with delivery of the mail.  It says nothing about the merits of any underlying contractual dispute between the parties, nor does it determine ownership of the mail.  If Mr. Essman receives any mail intended for Dr. Bellamy personally, it is his responsibility to forward that mail to Dr. Bellamy.  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 delivery order should be issued.

                                                                                       Bruce R. Houston
                                                                                       Acting Chief Administrative Law Judge

PROPOSED ORDER

TO THE POSTMASTER AT:                             RIGBY, ID  83442-9998
                                     RE:                             The Mail Dispute Between

                                                                        BRADLEY E. ESSMAN
                                                                                    And
                                                                        DR. G. TYRONE BELLAMY
                                                                        WELLNESS RESEARCH INSTITUTE

                                                                        P.S. Docket No. MD 96-76

Mail addressed to:

                                    ALTERNATIVE HEALTH CARE CONNECTIONS, INC.
                                    P.O. BOX 57
                                    Rigby, ID  83442-0057

is to be delivered as directed by Bradley E. Essman.

                                                                                       Judicial Officer

PROPOSED ORDER - NOT ENFORCEABLE UNTIL DATED AND
SIGNED BY THE JUDICIAL OFFICER