After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir.R. 34.1.8(c) and 27.-1.2. The cause is therefore ordered submitted without oral argument.

The judgment of the district court is affirmed on the basis of, and for the reasons stated in, the district court’s Memorandum Decision and Order appearing as Shane v. Buck, 658 F.Supp. 908 (D. Utah 1985). We note that the Second Circuit has resolved a case raising nearly identical issues in accord with this disposition. See Kuzma v. United States Postal Service, 798 F.2d 29 (2d Cir. 1986), cert. denied, _ U.S. _, 107 S.Ct. 906, 93 L.Ed.2d 856 (1987).