No. 90-1395. March 19, 1991. Bruce E. O'Connor, Christensen, O'Connor, Johnson Kindness, Seattle, Wash., argued for plaintiff-appellant. With him on the brief was Michael W. Bocianowski. William B. Mallin, Eckert Seamans Cherin Mellott, Pittsburgh, Pa., argued for defendant-appellee. With him on the brief were Arnold B. Silverman and David V. Radack. Appeal from the United States District Court for the Western District of Pennsylvania. Before RICH, PLAGER, and CLEVENGER, Circuit Judges. RICH, Circuit