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FTC v. FLOTILL PRODUCTS

No. 20.

389 U.S. 179 (1967)

88 S.Ct. 401

19 L.Ed.2d 398

FEDERAL TRADE COMMISSION v. FLOTILL PRODUCTS, INC.

Supreme Court of United States.

Decided December 4, 1967.

Attorney(s) appearing for the Case

Howard E. Shapiro argued the cause for petitioner. On the brief were Solicitor General Marshall, Assistant Attorney General Turner and James McI. Henderson.

William Simon argued the cause for respondent. With him on the brief were John Bodner, Jr., and Jefferson E. Peyser.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The question in this case is whether an enforceable cease-and-desist order of the Federal Trade Commission requires the concurrence of a majority of the full Commission, or only of a majority of the quorum that participated in the decision to issue the order.

The Commission has five Commissioners, 15 U. S. C. § 41.1 A full Commission...

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