In the Matter of a Mail Dispute Between

FRANK KERR

          and

WINSLOW SCOTT

P.S. Docket No. MD 99-474

APPEARANCE FOR DISPUTANT KERR:    Roger L. French, Esq.
                                                                  Russia Wharf West
                                                                  530 Atlantic Avenue, Third Floor
                                                                  Boston, MA 02210-2218

APPEARANCE FOR DISPUTANT SCOTT:  James G. Rowe, Esq.
                                                                  Kelly & Rowe
                                                                  P. O. Box 2865
                                                                  Asheville, NC 28802-2865

POSTAL SERVICE DECISION

On December 14, 1999, the Chief Administrative Law Judge issued an Initial Decision in which he concluded that all mail being held or hereafter received addressed to The Chosin Few, Inc., 30 Mountain Spring Road, Waynesville, NC 28786-9763 and 100 Mountain Spring Road, Waynesville, NC 28786-9781 should be delivered as directed by Disputant Frank Kerr. Disputant Winslow Scott has filed an appeal from the Initial Decision. Disputant Kerr opposes the appeal.

The Initial Decision held that Disputant Kerr is currently the president of The Chosin Few, Inc., and, therefore, entitled to direct the delivery of the mail.⁽¹⁾ The Chief Administrative Law Judge based his decision on the Judgment issued by United States District Court Judge Lacy H. Thornburg on January 7, 1999, which ordered that Disputant Kerr is to act as the interim president and Disputant Scott is to handle the "day to day administrative tasks" of the corporation until elections are held.

The Judicial Officer has exercised his discretion to grant review of the Initial Decision on appeal. Disputant Kerr was appointed interim president until completion of the election of a new Board of Directors and the appointment of a new president. Such election was to take place by June 1, 1999, but has yet to occur. Although the Court’s Judgment did not limit Disputant Kerr’s authority as interim president, it does detail some actions he is expected to perform, none of which concern the daily operation of the corporation. Furthermore, pending the election, the current Board of Directors, of which Disputant Kerr is a member, is not permitted to conduct any business of the corporation except in the case of an emergency.

While the Court’s Judgment does not directly state who is entitled to delivery of the mail, the Court assigned Disputant Scott the responsibility of continuing to handle the day to day administrative tasks of the corporation, which would normally include the delivery of the mail. Thus, it seems reasonable that the Court contemplated that Disputant Scott would continue to receive the mail at the Waynesville, NC addresses, where the corporation has received its mail for over ten years. In accordance with the Court’s Judgment, the mail is to be delivered to Disputant Scott for processing as part of his daily administrative tasks.⁽²⁾

After consideration of the entire record and Disputant Scott’s exceptions to the Initial Decision, it is concluded that all mail addressed to The Chosin Few, Inc., 30 Mountain Spring Road, Waynesville, NC 28786-9763 and 100 Mountain Spring Road, Waynesville, NC 28786-9781, which is currently being held or hereafter received, is to be delivered as addressed. Disputant Scott’s appeal is sustained and the Initial Decision is reversed.

James A. Cohen
Judicial Officer

¹ Section 614.1 of the Postal Operations Manual (POM) states that in the event of a dispute over mail addressed to a corporation, the mail "must be delivered according to the order of the organization's president or equivalent official."
² Postal regulations require that "[w]hen the same mail is claimed by different persons, and a court decides to whom delivery should be made, the mail is delivered according to the court order." POM §616.3.

January 6, 2000

TO THE POSTMASTER AT: WAYNESVILLE, NC 28786-9998

                                     RE: Mail Dispute Between

                                           FRANK KERR

                                                 and

                                           WINSLOW SCOTT
                                           P. S. Docket No. MD 99-474

All mail addressed to The Chosin Few, Inc., 30 Mountain Spring Road, Waynesville, NC 28786-9763 and 100 Mountain Spring Road, Waynesville, NC 28786-9781, which is currently being held or hereafter received, is to be delivered as addressed.

James A. Cohen
Judicial Officer