In the Matter of a Mail Dispute Between

MICHAEL (MIKE) SCHULTZ

            and

FRED SWINK

P.S. Docket No. MD 07-248

APPEARANCE FOR DISPUTANT            Michael Schultz
MICHAEL SCHULTZ:

APPEARANCE FOR DISPUTANT            Fred Swink
FRED SWINK:

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 Michael (Mike) Schultz, and/or Stonewall Publishing, Inc., and/or Fred Swink, and/or Stonewall News NW, and/or Stonewall, and/or Stonewall News, and/or John Deen, at P. O. Box 2704, Spokane, WA 99220-2704.  The Spokane Postmaster is currently holding the mail.

           Mr. Schultz filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5.  Mr. Swink filed a letter.  The following findings of fact are based on all the material in the record, including that forwarded by the Customer Relations Coordinator in the Spokane Post Office, which includes information submitted to the postmaster by the parties.

FINDINGS OF FACT

            1.  On June 3, 2005, Michael Schultz purchased Stonewall Publishing, Inc., a Washington corporation, from John Deen.  Post Office Box 2704 was, and continued to be, the business mailing address of the corporation and was included among the list of assets to be transferred under the sales agreement.  Also listed as assets being transferred were the trade names, “Stonewall News,” “Stonewall News Northwest,” and “SNN.”  (Schultz affidavit, Exs. A and C).

            2.  John Deen is now deceased, but some mail is still addressed to him at Box 2074.  (USPS forwarding letter).

3.  In June 2007, a Purchase Agreement signed by Mr. Schultz and Mr. Swink stated that “Fred Swink, Buyer, does hereby purchase from Stonewall Publishing, Inc., Seller, specific assets comprising the publication of Stonewall News Northwest.”  The Agreement then listed various tangible assets plus the tradename “Stonewall News Northwest,” and a website, “stonewallnews.net.”  The Agreement says nothing about shares in the corporation being sold.  The Agreement is undated, but stated that the purchase price was to be paid by June 20, 2007.  (Schultz affidavit, Ex. F; Swink letter).

            4.  On or about July 12, 2007, Mr. Swink asked that mail addressed to Box 2704 be forwarded to another address.  When Mr. Schultz became aware of this, he protested, and this mail dispute arose.  (USPS forwarding letter; Schultz affidavit).

DECISION

            This mail dispute seems to have been generated by Mr. Swink’s claim that Mr. Schultz failed to forward some of the mail that he had agreed to forward.  There appears to be no dispute over several of the variations of the addresses placed in dispute.  For example, neither party has expressed any claim to mail addressed to the other by name, and Mr. Schultz agrees that mail addressed to “Stonewall News” and “Stonewall News Northwest” should be delivered to Mr. Swink.

            The real dispute is only over mail addressed to Stonewall Publishing, Inc.  Mr. Swink argues that without the newspaper itself, which he now owns, there is really no such thing as Stonewall Publishing, Inc.  The evidence of record does not support this conclusion.  The June 2007 Purchase Agreement identifies Stonewall Publishing, Inc., as the seller of only specifically listed assets, thereby implying that Stonewall Publishing, Inc., remained in existence.  Further, the sworn statement of Mr. Schultz, the unquestioned owner of Stonewall Publishing, Inc., says that it still exists.  Therefore, any mail addressed to Stonewall Publishing, Inc., should continue to be delivered to the corporation.

            This leaves the name “Stonewall,” by itself, and the name John Deen.  As Mr. Swink has shown no connection with John Deen, and as Mr. Schultz owned the entire business for two years after purchasing it from Mr. Deen, if there is any mail still addressed to Mr. Deen, Mr. Schultz is entitled to it.  As for mail addressed only to “Stonewall,” the question is whether senders using that address intend for it to go to the corporation or to the newspaper.  I believe the latter is more likely.

           This decision deals only with delivery of mail.  It does not determine ownership of the contents of the mail and does not attempt to resolve any underlying financial disputes between the parties.  If either party receives mail that is clearly intended for the other, it is his duty to forward that mail.  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 Spokane Postmaster that mail addressed to Post Office Box 2074 that contains the name Stonewall Publishing, Inc., should be delivered as directed by Michael Schultz; any mail that contains the names Stonewall News NW, Stonewall, or Stonewall News should be delivered as directed by Fred Swink; any mail addressed only to Michael Schultz or only to John Deen should be delivered as directed by Michael Schultz; and any mail addressed only to Fred Swink should be delivered as directed by Fred Swink.

                                                                        Bruce R. Houston
                                                                        Chief Administrative Law Judge