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CELOTEX CORP. v. EDWARDS

No. 93-1504.

514 U.S. 300 (1995)

CELOTEX CORP. v. EDWARDS et ux.

United States Supreme Court.

Decided April 19, 1995.

Attorney(s) appearing for the Case

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.*

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, p. 313.

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

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