Appeal No. 85-1139. September 12, 1985. Robert M. White, White Selkin, Norfolk, Va., argued for petitioners. With him on brief was Neil C. Bonney, Norfolk, Va. Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Sandra P. Spooner, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted for respondent. Diane R. Liff, Office of Gen. Counsel, Dept. of Transp., Washington, D.C., of counsel. Appeal from the Merit Systems Protection Board. Before