We deferred submission of the petitions for rehearing in this case pending the Supreme Court’s decision in Burlington N.R.R. v. Oklahoma Tase Comm’n, — U.S. -, 107 S.Ct. 1855, 95 L.Ed.2d 404 (1987). The petitions for rehearing are now granted, and we vacate our disposition, published at 795 F.2d 1442. We reverse and remand to the district court for proceedings consistent with Burlington Northern.

REVERSED and REMANDED.