No. 77-1344. Argued November 8, 1977. Decided December 27, 1977. Howard F. Fine, Atty., Washington, D.C., with whom John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., were on brief, for petitioner. Hyman Borax, Braintree, mass., for respondent. Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges. LEVIN H. CAMPBELL, Circuit Judge. The principal issue in this