Understandably frustrated by their inability to recover in contract, Nicholson and Smith would have us approve an end- run around Congressional intent. We cannot accede to their request. Two issues remain for our consideration. First, we understand Nicholson to be challenging on appeal the jury verdict that he was an administrative employee. We cannot so conclude.
Some evidence supports the jury's verdict.
We end our inquiry there. Plaintiffs have again failed on the threshold issue of whether they are administrative employees. This loss renders McCullar's affirmative defense moot.