GIBBONS, Circuit Judge, with whom Judges A. LEON HIGGINBOTHAM, Jr., and, SLOVITER join, dissenting in part: I join in Parts I, II, IV and V of the opinion of the court, but dissent from the holding in Part III that a plaintiff relying on 42 U.S.C. § 1981 must establish a racially discriminatory purpose by direct evidence rather than a racially disparate impact in o…
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