(dissenting in part):
It is with regret that I find myself in disagreement with the majority in that portion of the decision which holds that a minority of the Commission can make adjudications. It seems to me that the Congress gave the Commission no such power and I think it cannot assume a power not granted.
It is my belief that the better rule is that of the Ninth Circuit in Flotill Products, Inc. v. F. T. C., 358 F.2d 224, as amended by order filed August 15, 1966. The majority agrees with the Sixth Circuit and the District of Columbia Circuit. The principle that two is a majority of five is as unsound in law as it is in mathematics.
Therefore, I dissent in part.
Rehearing denied; JONES, Circuit Judge, dissenting.