Court of Appeals for the Eighth Circuit July 21, 1981, No. 80-1100 (Setser v. Novack Investment Co.)

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.