No. 81-2747. Submitted July 7, 1983. After 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.App.P.; Circuit Rule 14(f). Such a statement was filed by respondent on March 19, 1982. Upon consideration of that statement, the briefs, and the record, the request for oral argument