concurring in part.
For the reasons convincingly set forth in the dissenting opinion of The Chief Justice, I agree with him that a three-judge court should not have been convened in this case, and that consequently this appeal is not properly before us. I would therefore dismiss the appeal. Thompson v. Whittier, 365 U. S. 465. The Court, however, holds that this appeal is properly here, and on the merits of the litigation I agree with the Court’s conclusion.