Celotex Corp. v. Edwards, 514 U.S. 300, 14 (1995)

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

Stevens, J., dissenting

We have made clear that " '[i]t is for the court of first instance to determine the question of the validity of the law, and until its decision is reversed for error by orderly review, either by itself or by a higher court, its orders based on its decision are to be respected.' " Walker v. Birmingham, 388 U. S. 307, 314 (1967) (quoting Howat v. Kansas, 258 U. S. 181, 189-190 (1922)). If respondents believed the Section 105 Injunction was improper, they should have challenged it in the Bankruptcy Court, like other similarly situated bonded judgment creditors have done. See Celotex II, 140 B. R., at 912. If dissatisfied with the Bankruptcy Court's ultimate decision, respondents can appeal "to the district court for the judicial district in which the bankruptcy judge is serving," see 28 U. S. C. 158(a), and then to the Court of Appeals for the Eleventh Circuit, see 158(d). Respondents chose not to pursue this course of action, but instead to collaterally attack the Bankruptcy Court's Section 105 Injunction in the federal courts in Texas. This they cannot be permitted to do without seriously undercutting the orderly process of the law.

The judgment of the Court of Appeals, accordingly, is reversed.

It is so ordered.

Justice Stevens, with whom Justice Ginsburg joins, dissenting.

Today the majority holds that an Article III court erred when it allowed plaintiffs who prevailed on appeal to collect on a supersedeas bond in the face of an injunction issued by a non-Article III judge. Because, in my view, the majority

the benefit of a third party may be recovered from that third party. See In re Air Conditioning, Inc. of Stuart, 845 F. 2d 293, 296-299 (CA11), cert. denied, 488 U. S. 993 (1988); In re Compton Corp., 831 F. 2d 586, 595 (1987), modified on other grounds, 835 F. 2d 584 (CA5 1988). Although we offer no opinion on the merits of that authority or on whether it fits the facts here, it supports our conclusion that the stay was not frivolous.

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