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SETSER v. NOVACK INV. CO.

No. 80-1100.

657 F.2d 962 (1981)

Chester W. SETSER, Appellant, v. NOVACK INVESTMENT COMPANY, f/k/a Western Trucking Company and Alvin S. Novack, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 21, 1981.

Attorney(s) appearing for the Case

Michael J. Hoare, argued, Chackes & Hoare, St. Louis, Mo., for appellant.

H. Kent Munson, argued, Stolar, Heitzmann, Eder, Seigel & Harris, St. Louis, Mo., for appellees.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, STEPHENSON, HENLEY and ARNOLD, Circuit Judges, En Banc.

LAY, Chief Judge.

We rehear a portion of this case en banc in order to reconsider important questions regarding the permissibility under 42 U.S.C. § 1981 of race-conscious affirmative action plans designed to remedy racial imbalance in a private employer's work force. The en banc court did not review the panel's opinion of January 26, 1981, in respect to parts I and III, Setser v. Novack Investment Co., 638 F.2d 1137,...

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