No. 72-1255. Heard December 5, 1972. Decided January 22, 1973. Howard Jay Kaufman, Atty., New York City, with whom Peter G. Nash, Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Abigail Cooley Baskir, Washington, D.C., and David Miller, Attys., were on brief, for petitioner. Henry G. Stewart, Boston, Mass., with whom William T. Sherry, Jr., and Nutter, McClennen Fish, Boston, Mass., were on brief, for respondent. Before COFFIN, Chief Judge, ALDRICH