ORDER
Pursuant to the order of the Supreme Court, - U.S. -, 109 S.Ct. 1736, 104 L.Ed.2d 174 the opinion in this case, reported at 838 F.2d 1031 (9th Cir.1988), is vacated and the appeal is dismissed as moot. The district court is instructed to dismiss its judgment. See United States v. Munsingwear, 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).