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Classification. The defendant offered no evidence at the hearing and, prior to the filing of exceptions to the examiner's recommended order, failed to make its position clear. It contends in its exceptions, however, that the third-class rate of 52 cents, based on a rating in the classification, was applicable.

The articles shipped are described generally in the bills of lading as "sheet iron air tight heaters” and “sheet iron air tight heaters with cast tops etc.," and were crated for shipment. They are used as space heaters, as distinguished from cooking stoves. These heaters are made of sheet iron and, for the most part, have cast-iron tops and trimmings. Approximately 91.5 percent of those shipped were constructed to burn wood and were advertised as wood-burning heaters, but coal may be burned in them if care is taken to protect the grates. The remainder of the heaters were designed to burn coal, but wood fuel may be used in them. The shipper and its predecessor have manufactured these articles for nearly 50 years and have always described them as "heaters," but they may also be described as heating stoves. Their average weight packed for shipment is 91 pounds, and the shipments ranged from 150 to 4,615 pounds.

Prior to August 29, 1940, by exception to the classification, the defendant maintained a fourth-class rating on: “Stoves, Coal and Wood, L. T. L.” Effective on that date, this commodity description was changed to read: "Stoves, Coal or Wood, L. T. L.On October 28, 1940, after the movement of these shipments, the fourthclass exception rating was canceled and the ratings in the classification became applicable.

The defendant argues that the classification-exception rating of fourth class applied only on stoves or heaters designed and constructed for the purpose of burning coal as well as wood. This interpretation is based on its construction of the conjunction "and" as used in the commodity description "Stoves, Coal and Wood” appearing in the exception item prior to August 29, 1940. It is urged that “and” was used to couple the descriptive terms “Coal" and "Wood” between which it was used and that the exception rating did not apply on coal stoves or wood stoves but only on stoves designed for the use of both types of fuel.

We cannot accept this strained interpretation. It is within common knowledge that the words "and" and "or" are frequently used interchangeably, and often mean the same thing; and it is well settled that they are convertible by the substitution of one for the other, as the sense may suggest or require. The word "and" has also been defined to mean “along with”, “also", "and also", and "as well as." A reasonable interpretation of the description "Stoves, Coal and Wood” is, as contended by the complainant, that it referred to coal stoves and wood stoves. As seen, on August 29, 1940, the exception item was changed to read "Stoves, Coal or Wood.” We likewise construe this description as referring to coal stoves or wood stoves. It follows that the fourth-class rate of 37 cents was applicable.

*The term "L. T. L." means in less than truckloads. 43 M. C. C.

We find that the rates assailed were inapplicable, and that the applicable rate was the fourth-class rate of 37 cents. The overcharges should be promptly refunded. An order will be entered dismissing the complaint.

43 M. Ca

No. MC-C-382 R. D. FOWLER MOTOR LINES, INC., v. COLONIAL MOTOR

FREIGHT LINES, INC.

Submitted June 2, 1944. Decided October 6, 1944

Defendant found not to be rendering reasonably continuous and adequate service

as authorized and required by its certificate of public convenience and neces-
sity over a regular route between Salisbury and Marion, N. C., and at certain
intermediate and off-route points. Defendant ordered to institute reasonably
continuous and adequate service. Proceeding held open pending entry of
further order or orders.
Wallace L. Schubert for complainant.
Glenn F. Morgan and H. B. Koonce for defendant,

REPORT OF THE COMMISSION
DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON
BY DIVISION 5:

Exceptions were filed by defendant to the order recommended by the examiner. Our conclusions differ slightly from those recommended.

By complaint filed October 21, 1943, R. D. Fowler Motor Lines, Inc., alleges that Colonial Motor Freight Lines, Inc., of High Point, N. C., the holder of a certificate issued in No. MC-1380, on July 9, 1942, has abandoned portions of the operations covered by its certificate authorizing the transportation of general commodities, with exceptions, as follows:

Route 1. In connection with its regular route between Salisbury and Marion, N. C., all service at Marion and all intermediate points and at all off-route points authorized, namely, Cooleemee, Mocksville, Harmony, Stony Point, Hiddenite, Taylorsville, North Wilksboro, Newton, Maiden, Lincolnton, Cherryville, Granite Falls, Lenoir, Valmead, Drexel, and Rutherford College, N. C.

Route 2. In connection with its regular route between Charlotte, N. C., and Baltimore, service at the off-route points of Davidson, Mooresville, Mount Pleasant, Albermarle, Denton, Pomona, Kernersville, Mount Airy, Yanceyville, and Roxboro, N. C., Clarksville, La Crosse, Lawrenceville, and Occoquan, Va., and Annapolis and Cockeysville, Md.

Route 3. In connection with its regular route between Greensboro, N. C., and Richmond, Va., service at the intermediate points of Reidsville, N. C., and Danville, Va., and at the off-route points of Walnut Cove, Madison, Mayodan, Stoneville, Leaksville, Spray, and Draper, N. C., and South Boston, Va.

Route 4. All irregular-route service between Baltimore, on the one hand, and polnts in Gaston, Cleveland, and Rutherford Counties, N. C., on the other.

other, as the sense may suggest or require. The word "and" has also been defined to mean "along with”, “also", "and also", and "as well as.” A reasonable interpretation of the description "Stoves, Coal and Wood” is, as contended by the complainant, that it referred to coal stoves and wood stoves. As seen, on August 29, 1940, the exception item was changed to read “Stoves, Coal or Wood.” We likewise construe this description as referring to coal stoves or wood stoves. It follows that the fourth-class rate of 37 cents was applicable.

We find that the rates assailed were inapplicable, and that the applicable rate was the fourth-class rate of 37 cents. The overcharges should be promptly refunded. An order will be entered dismissing the complaint.

13 M. Ca

No. MC-C-382 R. D. FOWLER MOTOR LINES, INC., v. COLONIAL MOTOR

FREIGHT LINES, INC.

Submitted June 2, 1944. Decided October 6, 1944

Defendant found not to be rendering reasonably continuous and adequate service

as authorized and required by its certificate of public convenience and neces-
sity over a regular route between Salisbury and Marion, N. C., and at certain
intermediate and off-route points. Defendant ordered to institute reasonably
continuous and adequate service. Proceeding held open pending entry of
further order or orders.
Wallace L. Schubert for complainant.
Glenn F. Morgan and H. B. Koonce for defendant.

REPORT OF THE COMMISSION
DIVISION 5, COMMISSIONERS LEE, ROGERS, AND PATTERSON
BY DIVISION 5:

Exceptions were filed by defendant to the order recommended by the examiner. Our conclusions differ slightly from those recommended.

By complaint filed October 21, 1943, R. D. Fowler Motor Lines, Inc., alleges that Colonial Motor Freight Lines, Inc., of High Point, N. C., the holder of a certificate issued in No. MC-1380, on July 9, 1942, has abandoned portions of the operations covered by its certificate authorizing the transportation of general commodities, with exceptions, as follows:

Route 1. In connection with its regular route between Salisbury and Marion, N. C., all service at Marion and all intermediate points and at all off-route points authorized, namely, Cooleemee, Mocksville, Harmony, Stony Point, Hiddenite, Taylorsville, North Wilksboro, Newton, Maiden, Lincolnton, Cherryville, Granite Falls, Lenoir, Valmead, Drexel, and Rutherford College, N. C.

Route 2. In connection with its regular route between Charlotte, N. C., and Baltimore, service at the off-route points of Davidson, Mooresville, Mount Pleasant, Albermarle, Denton, Pomona, Kernersville, Mount Airy, Yanceyville, and Roxboro, N. C., Clarksville, La Crosse, Lawrenceville, and Occoquan, Va., and Annapolis and Cockeysville, Md.

Route 3. In connection with its regular route between Greensboro, N. C., and Richmond, Va., service at the intermediate points of Reidsville, N. C., and Danville, Va., and at the off-route points of Walnut Cove, Madison, Mayodan, Stoneville, Leaksville, Spray, and Draper, N. C., and South Boston, Va.

Route 4. All irregular-route service between Baltimore, on the one hand, and points in Gaston, Cleveland, and Rutherford Counties, N. C., on the other.

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