On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit.

The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of the position presently asserted by the Solicitor General in his brief for the United States filed December 12, 1990 and asserted in his brief for the United States filed February 27, 1990, in No. 89-1040, Chappell v. United States.

THE CHIEF JUSTICE, with whom Justice SCALIA and Justice KENNEDY join, dissenting.

The Court vacates the judgment of the Court of Appeals for the Tenth Circuit and remands for "further consideration in light of the position presently asserted by the Solicitor General in his brief for the United States filed December 12, 1990 and asserted in his brief for the United States filed February 27, 1990, in No. 89-1040, Chappell v. United States. " The Solicitor General, however, has taken the position that the judgment and reasoning of the Court of Appeals were