*359 ORDER

The parties hereto having agreed that the issues raised in this appeal have been resolved by the decision of the United States Supreme Court in Pierce v. Underwood, 487 U.S. 552, 108 S.Ct. 2541, 101 L.Ed.2d 490 (1988), and are controlled thereby and having by reason thereof agreed that this appeal should be dismissed,

IT IS ORDERED that the appeal is hereby dismissed but without costs to either party, a public question being involved.