In the Matter of a Mail Dispute Between

ERNEST G. BENTON

and

MELINDA L. MILAM

P.S. Docket No.  MD 03-390

APPEARANCE FOR DISPUTANT ERNEST G. BENTON:
Ernest G. Benton
208 S. Union Street
Byron, IL 61010-8906

APPEARANCE FOR DISPUTANT MELINDA L. MILAM:
Melinda L. Milam
1455 S. Ridge Road
Oregon, IL 61061-9226

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) 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 is that addressed to Blackhawk Forge Die & Tool Company, at P.O. Box 351, Oregon, IL 61061-0351 and at 900 South 13^th Street, Oregon, IL 61061-2137.  The Oregon, Illinois Postmaster is currently holding the mail.

            In addition to the material forwarded by the postmaster to the Postal Service Law Department, Melinda Milam filed a notarized written statement.  Ernest Benton filed nothing, nor did he submit anything to the postmaster.  The following findings of fact are based on Ms. Milam’s statement and the material forwarded by the Postal Service Law Department, Chicago Office.

FINDINGS OF FACT

            1.  Ernest Benton and William Milam were business partners who jointly owned and operated Blackhawk Forge Die & Tool Company at 900 South 13^th Street in Oregon, Illinois.  In April 2001, Mr. Benton rented Post Office Box 351 in the name of the company.  (Law Department letter, November 21, 2003; PS Form 1093 attached).

            2.  William Milam died on April 2, 2003.  Melinda Milam is his surviving spouse, and was the sole beneficiary under her husband’s will, executed on August 25, 1997.  (Law Department letter; Death Certificate and copy of will attached).

            3.  A loan renewal form dated May 15, 2003, naming Blackhawk Forge Die & Tool Company as the borrower and Stillman Bancorp as lender, names Ernest Benton and Melinda Milam as partners of Blackhawk Forge Die & Tool Company.  (Attached to Law Department letter).

            4.  A form from Stillman Bancorp for a business checking account in the name of Blackhawk Forge Die & Tool Company, revised 5/16/03, lists Ernest Benton and Melinda Milam as signatories.  (Attached to Law Department letter).

            5.  In October 2003, Mr. Benton rented Post Office Box 494 at the Oregon, IL Post Office in the name of Blackhawk Forge Die & Tool Company, and also submitted a change of address form directing that mail addressed to the company at P.O. Box 351 be forwarded to P.O. Box 494.  Ms. Milam protested and this mail dispute arose.  (Law Department letter; PS Forms 1093 and 3575 attached).

DECISION

            Postal Service regulations governing delivery of mail to a business when the mail is claimed by more than one person provide as follows:

“All mail addressed to a governmental or nongovernmental organization (including but not limited to corporations, firms, sole proprietorships, partnerships, joint ventures, and associations) or to an individual by name or title (an official, employee, contractor, client, agent, etc.) at the address of the organization is delivered to the organization. . . .  If disagreement arises about where any such mail should be delivered, it must be delivered according to the order of the organization’s president or equivalent official.”  (POM 9, July 2002, Section 614.1).

            If there was any written partnership agreement between Ernest Benton and William Milam, it is not included in this case file.  It is not known, therefore, whether they had any agreement that one partner, rather than the other, should be considered the “organization’s president or equivalent official.”  Nor is it known whether their agreement included any provisions as to what should happen on the death of either partner.  Based on the documents noted in Findings of Fact #3 and 4, it appears that the parties have treated Ms. Milam as a new partner.  There is also nothing to show that either Mr. Benton or Ms. Milam is continuing to operate the business.[1]

            As Ernest Benton filed nothing to support his claim as required by 39 C.F.R. §965.5, he is in default.  That alone is sufficient ground for a ruling in favor of Melinda Milam, and, as the documents filed by Ms. Milam show that she is recognized as standing in her husband’s place as a partner in the business, it is appropriate to do so in this case.  39 C.F.R. §965.7. 

            This decision deals only with delivery of mail.  It does not attempt to resolve any other disputes between the parties.  If either party obtains a court order directing delivery of the mail, postal regulations provide that the mail will be delivered according to such an order.  POM §616.3.

            The Judicial Officer should issue an Order to the Oregon, Illinois Postmaster directing that mail addressed to Blackhawk Forge Die & Tool Company, at P.O. Box 351, Oregon, IL 61061-0351 and at 900 South 13^th Street, Oregon, IL 61061-2137, be delivered as directed by Melinda Milam.

                                                                                       Bruce R. Houston
                                                                                       Chief Administrative Law Judge

[1]  Ms. Milam filed a Notice of Chapter 7 Bankruptcy, showing that Mr. and Mrs. Benton filed for bankruptcy on November 3, 2003.