Legal Opinion

Setser v. Novack Investment Co.

Court of Appeals for the Eighth Circuit

Decided July 21, 1981No. 80-1100PublishedCited by 53 opinions

1Opinion of the Court

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, 1139-43, 1146-47 (8th Cir. 1981). Part II, id. at 1143-46, of the original opinion, is ordered vacated and the judgment amended to reflect our en banc holding.

On rehearing we…

2Cases cited33 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  4. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  5. Furnco Construction Corp. v. WatersSupreme Court of the United States · 1978

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3Cited by53 opinions

  1. Williams v. VukovichCourt of Appeals for the Sixth Circuit · 1983
  2. Subhash C. MALHOTRA, Plaintiff-Appellant, v. COTTER & COMPANY, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1989
  3. Frank Cerrato v. San Francisco Community College DistrictCourt of Appeals for the Ninth Circuit · 1994
  4. Ida Mary Lewis v. University of Pittsburgh and University of Pittsburgh Book CenterCourt of Appeals for the Third Circuit · 1984
  5. Stotts v. Memphis Fire DepartmentCourt of Appeals for the Sixth Circuit · 1982

48 more not listed; retrieve them via the Exa API.

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