Edward L. KIRKLAND, Etc., Plaintiffs-Appellees, v. the NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Etc., Defendants-Appellants

MANSFIELD, Circuit Judge,

dissenting with whom Chief Judge KAUFMAN and Cireuit Judge OAKES concur:

I dissent from the denial of an en banc hearing in this appeal because the decision potentially places us in conflict with previous decisions in this and other circuits and creates uncertainty regarding this circuit’s law on a question of exceptional importance that has been and will be frequently encountered, i. e., whether, and under what circumstances, relief in the nature of a racial goal or quota may be imposed to remedy injury caused to a minority group by use of racially discriminatory…