Celotex Corp. v. Edwards, 514 U.S. 300, 2 (1995)

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Cite as: 514 U. S. 300 (1995)

Opinion of the Court

fully entered injunction. Board of Governors, FRS v. MCorp Financial, Inc., 502 U. S. 32, distinguished. The issue whether the Bankruptcy Court properly issued the injunction need not be addressed here. Since it is for the court of first instance to determine the question of the validity of the law, and since its orders are to be respected until its decision is reversed, respondents should have challenged the injunction in the Bankruptcy Court rather than collaterally attacking the injunction in the Texas federal courts. Pp. 306-313. 6 F. 3d 312, reversed.

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined, post, p. 313.

Jeffrey W. Warren argued the cause for petitioner. With him on the briefs were John R. Bush, Christine M. Polans, Baldo M. Carnecchia, Jr., Stephen A. Madva, and Howard J. Bashman.

Brent M. Rosenthal argued the cause for respondents.

With him on the brief was Frederick M. Baron.*

Chief Justice Rehnquist delivered the opinion of the Court.

The United States Court of Appeals for the Fifth Circuit held that respondents should be allowed to execute against petitioner's surety on a supersedeas bond posted by petitioner where the judgment which occasioned the bond had become final. It so held even though the United States Bankruptcy Court for the Middle District of Florida previously had issued an injunction prohibiting respondents

*Robert B. Millner and Lorie A. Chaiten filed a brief for Northbrook Property and Casualty Insurance Co. as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the Association of Trial Lawyers of America by Jeffrey Robert White, J. Conard Metcalf, and Larry S. Stewart; and for the New York Clearing House Association by Richard H. Klapper and James S. Rubin.

Larry L. Simms filed a brief for Aetna Casualty and Surety Co. as amicus curiae.


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