No. 87-1562. Submitted April 20, 1989. After a preliminary examination of the briefs, the court notified the parties that it had tentatively concluded that oral argument would not be helpful to the court in this case. The notice provided that any party might file a "Statement as to Need of Oral Argument." See Rule 34(a), Fed.R.Civ.P., Circuit Rule 34(f). No such statement having been filed, the appeal has been submitted on the briefs and the record. Decided August 23, 1989. Paul J. Spielberg, Elliot