pennzoil
texaco
argued
january
decided
april
texas
law
judgment
creditor
secure
execute
lien
judgment
debtor
property
unless
debtor
files
supersedeas
bond
least
amount
judgment
interest
costs
appellant
obtained
jury
verdict
billion
texas
suit
alleging
appellee
tortiously
induced
third
oil
company
breach
contract
sell
shares
appellant
clear
appellee
able
post
bond
necessary
amount
verdict
substantial
adverse
effects
appellee
business
financial
situation
accordingly
even
trial
entered
judgment
verdict
appellee
filed
suit
federal
district
alleging
texas
proceedings
violated
rights
federal
constitution
various
federal
statutes
appellee
present
claims
state
appellant
argued
inter
alia
federal
district
abstain
hearing
case
doctrine
younger
harris
district
rejected
contention
concluding
appellee
constitutional
claims
clear
probability
success
issued
preliminary
injunction
barring
action
enforce
state
judgment
entered
appeals
affirmed
holding
inter
alia
younger
abstention
unnecessary
state
interests
stake
differed
kind
degree
present
cases
held
younger
applied
texas
failed
provide
adequate
procedures
adjudication
appellee
federal
claims
held
lower
federal
courts
abstained
principles
federalism
enunciated
younger
pp
younger
abstention
helps
avoid
unwarranted
determination
federal
constitutional
questions
appellee
chose
present
constitutional
claims
texas
courts
impossible
determine
whether
governing
texas
statutes
procedural
rules
actually
involved
claims
moreover
texas
constitution
contains
open
courts
provision
appears
address
appellee
claims
specifically
federal
constitution
thus
entirely
possible
texas
courts
resolved
case
state
statutory
constitutional
grounds
without
reaching
appellee
federal
constitutional
questions
pp
younger
abstention
mandated
state
interests
proceedings
important
exercise
federal
judicial
power
disregard
comity
extended
national
government
argument
exercise
district
power
implicate
vital
important
state
interest
misreads
precedents
repeatedly
recognized
important
interests
administering
certain
aspects
judicial
systems
include
enforcing
orders
judgments
courts
federal
injunctions
cases
interfere
execution
state
judgments
grounds
challenge
process
judgments
obtained
long
challenges
relate
pending
state
proceedings
proper
respect
ability
state
courts
resolve
federal
questions
presented
state
litigation
mandates
federal
stay
hand
pp
argument
younger
abstention
inappropriate
texas
heard
appellee
constitutional
claims
within
limited
time
available
fails
appellee
satisfied
burden
showing
state
procedural
law
barred
presentation
claims
litigant
made
effort
state
present
claims
federal
assume
state
procedures
afford
adequate
remedy
absence
unambiguous
authority
contrary
pp
powell
delivered
opinion
rehnquist
white
scalia
joined
scalia
filed
concurring
opinion
joined
post
brennan
filed
opinion
concurring
judgment
marshall
joined
post
marshall
filed
opinion
concurring
judgment
post
blackmun
filed
opinion
concurring
judgment
post
stevens
filed
opinion
concurring
judgment
marshall
joined
post
laurence
tribe
argued
cause
appellant
briefs
john
jeffers
irvin
terrell
paul
bator
douglas
poe
kenneth
geller
james
kronzer
joseph
jamail
harry
reasoner
simon
rifkind
arthur
liman
mark
belnick
david
boies
argued
cause
appellee
brief
thomas
barr
francis
barron
paul
curran
milton
schubin
randolph
sherman
ira
sacks
charles
alan
wright
william
baxter
briefs
amici
curiae
urging
affirmance
filed
state
alabama
et
al
robert
stephan
attorney
general
kansas
wayne
hundley
first
deputy
attorney
general
charles
graddick
attorney
general
alabama
charles
oberly
iii
attorney
general
delaware
jim
smith
attorney
general
florida
william
guste
attorney
general
louisiana
hubert
humphrey
iii
attorney
general
minnesota
william
webster
attorney
general
missouri
ted
schwinden
attorney
general
montana
toney
anaya
attorney
general
new
mexico
robert
abrams
attorney
general
new
york
michael
turpen
attorney
general
oklahoma
kenneth
eikenberry
attorney
general
washington
archie
mcclintock
attorney
general
wyoming
state
alaska
harold
brown
attorney
general
ronald
lorensen
deputy
attorney
general
american
federation
labor
congress
industrial
organizations
et
al
john
mckendree
laurence
gold
george
kaufmann
business
council
new
york
state
et
al
john
carter
rice
gregg
potvin
john
mckendree
national
association
advancement
colored
people
david
tatel
allen
snyder
walter
smith
grover
hankins
justice
powell
delivered
opinion
principal
issue
case
whether
federal
district
lawfully
may
enjoin
plaintiff
prevailed
trial
state
executing
judgment
favor
pending
appeal
judgment
state
appellate
getty
oil
appellant
pennzoil
negotiated
agreement
pennzoil
purchase
getty
outstanding
shares
share
appellee
texaco
eventually
purchased
shares
share
february
pennzoil
filed
complaint
texaco
harris
county
district
state
located
houston
texas
site
pennzoil
corporate
headquarters
complaint
alleged
texaco
tortiously
induced
getty
breach
contract
sell
shares
pennzoil
pennzoil
sought
actual
damages
billion
punitive
damages
amount
november
jury
returned
verdict
favor
pennzoil
finding
actual
damages
billion
punitive
damages
billion
parties
anticipated
judgment
including
prejudgment
interest
exceed
billion
although
parties
disagree
details
clear
expected
judgment
give
pennzoil
significant
right
texas
law
recording
abstract
judgment
real
property
records
counties
texas
judgment
creditor
secure
lien
judgment
debtor
real
property
located
county
see
tex
prop
code
ann
judgment
creditor
wishes
judgment
enforced
state
officials
take
possession
debtor
assets
may
secure
writ
execution
clerk
issued
judgment
see
tex
rule
civ
proc
rule
provides
writ
usually
obtained
expiration
thirty
days
time
final
judgment
signed
judgment
debtor
may
suspend
execution
judgment
filing
good
sufficient
bond
approved
clerk
rule
see
rule
money
judgment
amount
bond
shall
least
amount
judgment
interest
costs
rule
even
trial
entered
judgment
jury
verdict
cast
serious
cloud
texaco
financial
situation
amount
bond
required
rule
billion
clear
texaco
able
post
bond
accordingly
business
financial
community
concluded
pennzoil
able
lien
bond
provisions
texas
law
commence
enforcement
judgment
entered
verdict
texaco
appeals
resolved
app
juris
statement
district
supplemental
finding
fact
effects
texaco
substantial
price
stock
dropped
markedly
difficulty
obtaining
credit
rating
bonds
lowered
trade
creditors
refused
sell
crude
oil
customary
terms
district
supplemental
findings
fact
texaco
argue
trial
judgment
execution
judgment
conflicted
federal
law
rather
december
texas
entered
judgment
texaco
filed
action
district
southern
district
new
york
white
plains
new
york
site
texaco
corporate
headquarters
texaco
alleged
texas
proceedings
violated
rights
secured
texaco
constitution
various
federal
statutes
asked
district
enjoin
pennzoil
taking
action
enforce
judgment
pennzoil
response
basic
position
district
hear
case
first
argued
act
barred
issuance
injunction
contended
abstain
doctrine
younger
harris
third
argued
suit
effect
appeal
texas
trial
district
jurisdiction
principles
rooker
fidelity
trust
district
columbia
appeals
feldman
district
rejected
arguments
supp
found
act
inapplicable
texaco
complaint
rested
see
mitchum
foster
holding
falls
within
exceptions
act
found
younger
abstention
unwarranted
believe
issuance
injunction
interfere
state
official
pursuit
fundamental
state
interest
doctrine
noted
attempting
sit
final
intermediate
appellate
state
merits
texas
action
intention
assure
texaco
constitutional
right
raise
claims
view
good
chance
success
citation
omitted
district
justified
decision
grant
injunctive
relief
evaluating
prospects
texaco
succeeding
appeal
texas
state
courts
considered
merits
various
challenges
texaco
made
texas
appeals
concluded
challenges
present
generally
fair
grounds
litigation
ibid
evaluated
constitutionality
texas
lien
bond
requirements
applying
test
articulated
mathews
eldridge
concluded
application
lien
bond
provisions
effectively
deny
texaco
right
appeal
thought
private
interests
state
interests
favored
protecting
texaco
right
appeal
relying
view
merits
appeal
found
risk
erroneous
deprivation
quite
severe
finally
viewed
administrative
burden
state
slight
ibid
light
factors
district
concluded
texaco
constitutional
claims
clear
probability
success
accordingly
issued
preliminary
injunction
appeal
appeals
second
circuit
affirmed
first
addressed
doctrine
rejected
portion
district
opinion
evaluated
merits
judgment
held
however
doctrine
completely
bar
district
jurisdiction
concluded
due
process
equal
protection
claims
presented
texaco
texas
courts
within
district
jurisdiction
inextricably
intertwined
action
quoting
district
columbia
appeals
feldman
supra
next
considered
whether
texaco
stated
claim
question
whether
texaco
complaint
sought
redress
action
taken
color
state
law
noted
pennzoil
act
jointly
state
agents
calling
state
officials
attach
seize
texaco
assets
relying
reading
lugar
edmondson
oil
concluded
enjoined
action
taken
color
state
law
thus
texaco
stated
claim
exception
act
see
mitchum
foster
supra
also
found
act
prevent
district
granting
relief
sought
texaco
finally
held
abstention
unnecessary
first
addressed
pullman
abstention
see
railroad
texas
pullman
rejected
ground
abstention
holding
mere
possibility
texas
courts
find
rule
concerning
supersedeas
bond
requirements
unconstitutional
applied
call
pullman
abstention
next
rejected
younger
abstention
thought
state
interests
stake
proceeding
differ
kind
degree
present
six
cases
held
younger
applied
ibid
moreover
thought
texas
failed
provide
adequate
procedures
adjudication
texaco
federal
claims
turning
merits
agreed
district
texaco
established
likelihood
success
constitutional
claims
balance
hardships
favored
texaco
accordingly
affirmed
grant
injunctive
relief
pennzoil
filed
jurisdictional
statement
noted
probable
jurisdiction
reverse
ii
courts
abstained
principles
federalism
enunciated
younger
harris
district
appeals
failed
recognize
significant
interests
harmed
unprecedented
intrusion
texas
judicial
system
similarly
neither
courts
applied
appropriate
standard
determining
whether
adequate
relief
available
texas
courts
first
ground
younger
decision
basic
doctrine
equity
jurisprudence
courts
equity
act
particularly
act
restrain
criminal
prosecution
moving
party
adequate
remedy
law
also
offered
second
explanation
decision
underlying
reason
reinforced
even
vital
consideration
notion
comity
proper
respect
state
functions
recognition
fact
entire
country
made
union
separate
state
governments
continuance
belief
national
government
fare
best
institutions
left
free
perform
separate
functions
separate
ways
concept
mean
blind
deference
rights
means
centralization
control
every
important
issue
national
government
courts
framers
rejected
courses
concept
represent
system
sensitivity
legitimate
interests
state
national
governments
national
government
anxious
though
may
vindicate
protect
federal
rights
federal
interests
always
endeavors
ways
unduly
interfere
legitimate
activities
another
important
reason
abstention
avoid
unwarranted
determination
federal
constitutional
questions
federal
courts
interpret
state
statutes
way
raises
federal
constitutional
questions
constitutional
determination
predicated
reading
statute
binding
state
courts
may
discredited
time
thus
essentially
rendering
decision
advisory
litigation
underlying
meaningless
moore
sims
see
trainor
hernandez
concern
special
significance
case
texaco
chose
present
texas
courts
constitutional
claims
asserted
case
impossible
certain
governing
texas
statutes
procedural
rules
actually
raise
claims
moreover
texas
constitution
contains
open
courts
provision
art
appears
address
texaco
claims
specifically
due
process
clause
fourteenth
amendment
thus
case
filed
federal
entirely
possible
texas
courts
resolved
case
state
statutory
constitutional
grounds
without
reaching
federal
constitutional
questions
texaco
raises
case
noted
younger
abstention
situations
like
offers
opportunity
narrowing
constructions
might
obviate
constitutional
problem
intelligently
mediate
federal
constitutional
concerns
state
interests
moore
sims
supra
texaco
principal
argument
younger
abstention
exercise
district
power
implicate
vital
important
state
interest
brief
appellee
argument
reflects
misreading
precedents
repeatedly
recognized
important
interests
administering
certain
aspects
judicial
systems
trainor
hernandez
supra
middlesex
county
ethics
comm
garden
state
bar
juidice
vail
held
federal
abstained
adjudicating
challenge
state
contempt
process
reasoning
case
informs
decision
today
state
interest
contempt
process
vindicates
regular
operation
judicial
system
long
system
affords
opportunity
pursue
federal
claims
within
surely
important
interest
perhaps
quite
important
state
interest
enforcement
criminal
laws
younger
supra
even
interest
maintenance
proceeding
involved
huffman
supra
think
sufficiently
great
import
require
application
principles
cases
reasoning
juidice
controls
case
rests
importance
enforcing
orders
judgments
courts
little
difference
state
interest
forcing
persons
transfer
property
response
judgment
forcing
persons
respond
process
pain
contempt
juidice
case
involve
challenges
processes
state
compels
compliance
judgments
courts
federal
injunctions
cases
interfere
execution
state
judgments
grounds
challenge
process
judgments
obtained
long
challenges
relate
pending
state
proceedings
proper
respect
ability
state
courts
resolve
federal
questions
presented
litigation
mandates
federal
stay
hand
texaco
also
argues
younger
abstention
inappropriate
texas
heard
texaco
constitutional
claims
within
limited
time
available
texaco
burden
point
rests
federal
plaintiff
show
state
procedural
law
barred
presentation
claims
moore
sims
see
younger
harris
accused
first
set
rely
upon
defense
state
courts
even
though
involves
challenge
validity
statute
unless
plainly
appears
course
afford
adequate
protection
quoting
fenner
boykin
moreover
denigrations
procedural
protections
afforded
texas
law
hardly
come
texaco
good
grace
apparently
made
effort
texas
law
secure
relief
sought
case
cf
middlesex
county
ethics
comm
garden
state
bar
supra
rejecting
similar
grounds
assertion
inhospitability
state
procedures
federal
claims
article
vi
constitution
declares
judges
every
state
shall
bound
federal
constitution
laws
treaties
assume
state
judges
interpret
ambiguities
state
procedural
law
bar
presentation
federal
claims
cf
ohio
civil
rights
dayton
christian
schools
assuming
state
administrative
commission
construe
statutory
mandate
light
federal
constitutional
principles
accordingly
litigant
attempted
present
federal
claims
related
proceedings
federal
assume
state
procedures
afford
adequate
remedy
absence
unambiguous
authority
contrary
open
courts
provision
texas
constitution
article
see
nn
supra
considerable
relevance
provision
appeared
texas
six
constitutions
dating
back
constitution
republic
texas
see
lecroy
hanlon
tex
according
texas
provision
guarantees
litigants
right
day
common
thread
texas
decisions
construing
open
courts
provision
legislature
power
make
remedy
due
course
law
contingent
impossible
condition
nelson
krusen
tex
light
demonstrable
longstanding
commitment
texas
provide
access
state
courts
reluctant
conclude
texas
courts
construed
state
procedural
rules
deny
texaco
effective
opportunity
raise
constitutional
claims
background
texaco
submission
texas
courts
incapable
hearing
constitutional
claims
plainly
insufficient
courts
found
texas
trial
power
consider
constitutional
challenges
enforcement
provisions
texas
attorney
general
filed
brief
proceedings
arguing
relief
available
texas
courts
see
brief
nos
pp
texaco
cited
statute
case
clearly
indicating
texas
courts
lack
power
accordingly
texaco
failed
meet
burden
point
sum
lower
courts
deferred
principles
comity
pending
state
proceedings
erred
accepting
texaco
assertions
inadequacies
texas
procedure
provide
effective
relief
true
case
presents
unusual
fact
situation
never
addressed
texas
courts
texaco
urgently
desired
prompt
relief
say
courts
suit
filed
less
inclined
federal
address
decide
federal
constitutional
claims
texaco
apparently
give
texas
courts
opportunity
adjudicate
constitutional
claims
texaco
demonstrate
texas
courts
open
adjudicate
claims
basis
concluding
texas
law
procedures
deficient
younger
abstention
inappropriate
accordingly
conclude
district
abstained
iii
opinion
addressed
situation
existed
morning
december
case
filed
district
southern
district
new
york
recognize
much
transpired
texas
courts
since
later
day
texas
trial
entered
judgment
see
supra
february
year
texas
appeals
substantially
affirmed
judgment
see
ibid
unmindful
unique
importance
texaco
challenges
judgment
authoritatively
considered
resolved
course
express
opinion
merits
challenges
similarly
express
opinion
claims
texaco
raised
case
texas
bond
lien
provisions
possibility
texaco
raise
claims
texas
courts
see
supra
today
decide
inappropriate
district
entertain
claims
texas
courts
render
final
decision
federal
issue
presented
litigation
review
may
sought
customary
manner
iv
judgment
appeals
reversed
case
remanded
district
instructions
vacate
order
dismiss
complaint
judgment
shall
issue
forthwith
ordered
footnotes
judgment
debtor
files
motion
new
trial
clerk
issue
writ
execution
motion
new
trial
denied
overruled
operation
law
rule
trial
judge
act
motion
new
trial
deemed
overruled
operation
law
days
judgment
originally
signed
rule
filing
supersedeas
bond
prevent
pennzoil
securing
judgment
liens
texaco
real
property
see
tex
prop
code
ann
directing
clerk
issue
abstract
judgment
application
person
whose
favor
judgment
rendered
exception
superseded
judgments
thulemeyer
jones
tex
bond
effect
prevent
pennzoil
executing
judgment
obtaining
texaco
property
judgment
debtor
also
may
suspend
execution
filing
cash
negotiable
obligation
government
america
agency
thereof
leave
negotiable
obligation
bank
amount
fixed
surety
bond
rule
later
day
texas
entered
judgment
texaco
including
prejudgment
interest
approximately
million
pendency
federal
action
concerns
validity
texas
judgment
enforcement
procedures
action
merits
proceeded
texaco
filed
motion
new
trial
deemed
denied
operation
law
rule
see
supra
subsequently
texaco
appealed
judgment
texas
appeals
challenging
judgment
variety
state
federal
grounds
texas
appeals
rendered
decision
appeal
february
decision
affirmed
trial
judgment
respects
remitted
billion
punitive
damages
award
reducing
principal
judgment
billion
far
know
texaco
never
presented
texas
courts
challenges
makes
case
bond
lien
provisions
federal
law
three
days
filed
federal
lawsuit
texaco
ask
texas
trial
informally
hearing
concerning
possible
modification
judgment
texas
law
request
eventually
denied
failed
comply
texas
procedural
rules
texaco
claimed
judgment
conflicted
full
faith
credit
clause
commerce
clause
williams
act
securities
exchange
act
texaco
also
argued
application
texas
bond
lien
provisions
violate
due
process
equal
protection
clauses
fourteenth
amendment
federal
constitution
operative
portion
injunction
provided
hereby
ordered
defendant
pennzoil
company
employees
agents
attorneys
servants
persons
active
concert
participation
receive
actual
notice
order
personal
service
otherwise
jointly
severally
enjoined
restrained
pending
trial
ultimate
disposition
action
order
taking
action
kind
whatsoever
enforce
attempt
enforce
judgment
entered
action
district
judicial
district
texas
entitled
pennzoil
company
texaco
including
without
limitation
attempting
obtain
file
judgment
lien
abstract
judgment
related
said
judgment
pursuant
tex
prop
code
ann
et
otherwise
initiating
commencing
steps
execute
said
judgment
app
juris
statement
although
district
entered
preliminary
injunction
appeals
concluded
record
sufficiently
undisputed
justify
entering
permanent
injunction
thus
remand
case
district
proceedings
merits
cases
probability
federal
adjudication
effectively
advisory
great
concern
alone
sufficient
justify
abstention
even
pending
state
proceedings
question
raised
see
railroad
texas
pullman
appellant
argued
pullman
abstention
proper
decline
address
justice
blackmun
conclusion
pullman
abstention
appropriate
disposition
case
merely
note
considerations
similar
mandate
pullman
abstention
relevant
decision
whether
abstain
younger
cf
moore
sims
various
types
abstention
rigid
pigeonholes
federal
courts
must
try
fit
cases
rather
reflect
complex
considerations
designed
soften
tensions
inherent
system
contemplates
parallel
judicial
processes
article
provides
courts
shall
open
every
person
injury
done
lands
goods
person
reputation
shall
remedy
due
course
law
see
lecroy
hanlon
tex
open
courts
provision
must
intended
provide
rights
addition
due
process
provision
former
surplusage
furthermore
due
process
provision
general
guarantees
contrast
open
courts
provision
specific
guarantee
right
access
courts
noting
texas
mainstream
movement
state
courts
look
constitutions
protect
individual
rights
citing
inter
alia
brennan
state
constitutions
protection
individual
rights
harv
rev
see
also
dillingham
putnam
tex
invalidating
previous
supersedeas
bond
statute
effectively
prevented
certain
parties
securing
appeal
relevance
open
courts
provision
case
limited
indication
texas
courts
may
well
accept
texaco
challenge
state
constitutional
grounds
obviating
need
consideration
federal
constitutional
questions
explain
infra
provision
also
undercuts
texaco
claim
texas
open
hear
constitutional
claims
thus
contrary
justice
stevens
suggestion
state
texas
interest
proceeding
goes
beyond
interest
adjudicator
wholly
private
disputes
post
opinion
hold
younger
abstention
always
appropriate
whenever
civil
proceeding
pending
state
rather
juidice
rely
state
interest
protecting
authority
judicial
system
orders
judgments
rendered
nugatory
citations
omitted
texaco
also
suggests
abstention
unwarranted
absence
state
judicial
proceeding
respect
federal
district
abstained
texaco
argues
texas
judiciary
plays
role
execution
judgments
brief
appellee
reject
assertion
least
one
pending
judicial
proceeding
state
courts
lawsuit
texaco
constitutional
claims
arose
pending
texas
appeals
houston
texas
explain
infra
page
convinced
texaco
secured
judicial
relief
proceedings
see
app
juris
statement
district
supplemental
finding
fact
texaco
relies
language
texas
rule
civil
procedure
lists
exceptions
requirement
appellant
file
bond
suspend
execution
money
judgment
pending
appeal
texaco
also
relies
cases
noting
rule
requires
appellants
post
bond
full
amount
judgment
kennesaw
life
accident
insurance
streetman
tex
app
writ
refused
cases
involve
claims
requirements
rule
violate
statutes
federal
constitution
thus
absolutely
nothing
say
respect
texaco
claims
rule
violates
federal
constitution
see
huffman
pursue
also
language
rule
suggests
trial
suspend
bond
requirement
concluded
application
bond
requirement
violate
federal
constitution
rule
provides
unless
otherwise
provided
law
rules
appellant
may
suspend
execution
judgment
good
sufficient
bond
emphasis
added
texaco
failed
demonstrate
texas
courts
construe
phrase
otherwise
provided
law
encompass
claims
made
federal
constitution
assume
texas
courts
refuse
construe
rule
apply
inherent
powers
provide
forum
adjudicate
substantial
federal
constitutional
claims
recognize
trial
longer
jurisdiction
case
see
tex
rule
civ
proc
supra
thus
relief
longer
available
texaco
trial
texaco
escape
younger
abstention
failing
assert
state
remedies
timely
manner
see
huffman
pursue
supra
event
texas
texas
appeals
arguably
authority
suspend
supersedeas
requirement
protect
appellate
jurisdiction
see
pace
mcewen
tex
civ
app
writ
suggesting
texas
appeals
authority
justice
scalia
justice
joins
concurring
join
opinion
write
separately
indicate
believe
doctrine
deprives
jurisdiction
decide
texaco
challenge
constitutionality
texas
stay
lien
provisions
resolving
challenge
need
decide
issue
either
actually
litigated
texas
courts
inextricably
intertwined
issues
litigated
circumstances
see
jurisdictional
bar
decision
case
justice
brennan
justice
marshall
joins
concurring
judgment
texaco
claim
texas
bond
lien
provisions
violate
fourteenth
amendment
without
merit
texaco
consistent
due
process
equal
protection
arbitrarily
denied
right
meaningful
opportunity
heard
appeal
right
adequately
vindicated
even
texaco
forced
file
bankruptcy
believe
confronted
merits
case
wholeheartedly
concur
justice
stevens
conclusion
creditor
invocation
state
postjudgment
collection
procedures
constitutes
action
color
state
law
within
meaning
post
also
agree
conclusion
district
required
abstain
principles
enunciated
younger
harris
post
adhere
view
younger
general
inapplicable
civil
proceedings
especially
plaintiff
brings
action
alleging
violation
federal
constitutional
rights
see
huffman
pursue
brennan
dissenting
younger
held
federal
courts
interfere
pending
state
criminal
proceedings
except
extraordinary
circumstances
emphasis
original
juidice
vail
brennan
dissenting
congressional
contemplation
pendency
state
civil
proceedings
wholly
irrelevant
purpose
interpose
federal
courts
people
guardians
people
federal
rights
quoting
mitchum
foster
state
interest
case
negligible
state
texas
party
appeal
expressly
represented
appeals
interest
outcome
adjudication
underlying
cause
except
fair
adjudication
brief
nos
identifies
state
interest
enforcing
authority
judicial
system
orders
judgments
rendered
nugatory
ante
quoting
juidice
vail
supra
yet
district
found
pennzoil
publicly
admitted
texaco
assets
sufficient
satisfy
judgment
even
without
liens
bond
app
juris
statement
supplemental
findings
fact
district
thus
pennzoil
interest
protecting
full
amount
judgment
appellate
process
reasonably
secured
substantial
excess
texaco
net
worth
amount
pennzoil
judgment
indeed
interest
enforcing
bond
lien
requirement
privately
held
pennzoil
state
texas
appeals
correctly
stated
suit
two
private
parties
stemming
defendant
alleged
tortious
interference
plaintiff
contract
third
private
party
pennzoil
free
waive
bond
lien
requirements
texas
law
without
asking
state
texas
permission
see
yandell
tarrant
state
bank
tex
civ
app
benefit
fire
insurance
metropolitan
plumbing
tex
civ
app
since
texas
law
directs
state
officials
pennzoil
bidding
executing
judgment
decision
pennzoil
state
judiciary
utilize
state
agents
undertake
collection
process
state
officials
act
upon
pennzoil
unilateral
determination
state
decision
grant
private
parties
unilateral
power
invoke
invoke
state
bond
lien
provisions
demonstrates
state
independent
interest
enforcement
provisions
texaco
filed
suit
claiming
violations
federal
statutory
constitutional
law
enacting
congress
created
specific
unique
remedy
enforceable
federal
equity
frustrated
federal
empowered
enjoin
state
proceeding
mitchum
foster
supra
today
holds
suit
filed
instead
texas
courts
offering
texaco
unsolicited
advice
bring
claims
open
courts
provision
texas
constitution
blind
deference
rights
hardly
shows
sensitivity
legitimate
interests
state
national
governments
ante
quoting
younger
harris
supra
emphasis
added
furthermore
reject
pennzoil
contention
district
columbia
appeals
feldman
rooker
fidelity
trust
forbid
collateral
review
instance
rooker
feldman
held
lower
federal
courts
lack
jurisdiction
engage
appellate
review
determinations
case
however
texaco
filed
action
protect
federal
constitutional
right
meaningful
opportunity
appellate
review
challenge
merits
texas
suit
texaco
federal
action
seeking
stay
judgment
pending
appeal
therefore
action
separable
collateral
merits
judgment
national
socialist
party
skokie
quoting
cohen
beneficial
loan
agree
justice
stevens
texaco
claim
plainly
without
merit
post
reasons
concluding
different
since
texas
created
appeal
right
trial
judgment
infringe
right
appeal
manner
inconsistent
due
process
equal
protection
see
evitts
lucey
cost
requirement
valid
face
may
offend
due
process
operates
foreclose
particular
party
opportunity
heard
boddie
connecticut
case
texaco
clearly
exercise
right
appeal
order
protect
corporate
interests
even
forced
file
bankruptcy
chapter
texaco
successor
interest
go
forward
appeal
prevail
appeal
texas
courts
bankruptcy
proceedings
terminated
texaco
simply
fails
show
initiation
corporate
reorganization
activities
prevent
obtaining
meaningful
appellate
review
reach
conclusion
narrow
facts
us
thus
case
different
troublesome
situation
particular
corporate
litigant
special
attributes
organization
trustee
bankruptcy
stead
effectively
advance
organization
interests
appeal
moreover
underlying
issues
case
arising
commercial
contract
dispute
involve
fundamental
constitutional
rights
see
henry
first
national
bank
clarksdale
bankruptcy
naacp
make
state
appellate
review
first
amendment
claims
difficult
obtain
federal
injunction
justified
cert
denied
sub
nom
claiborne
hardware
henry
given
particular
facts
case
reverse
judgment
appeals
remand
case
instructions
dismiss
complaint
although
opinion
based
rather
diffuse
rationale
read
opinion
narrowly
limited
unique
factual
circumstances
case
responding
unusual
fact
situation
never
addressed
texas
courts
ante
bases
holding
several
interdependent
considerations
first
acknowledges
today
extension
younger
doctrine
applies
certain
civil
proceedings
pending
state
interests
proceeding
important
exercise
federal
judicial
power
disregard
comity
national
government
ante
second
emphasizes
instance
impossible
certain
governing
texas
statutes
procedural
rules
actually
raise
texaco
claims
texas
constitution
contains
open
courts
provision
appears
address
texaco
claims
specifically
federal
constitution
ante
third
heavily
relies
state
particular
interest
enforcing
bond
lien
requirements
prevent
judgments
already
pronounced
rendered
nugatory
ante
unique
extraordinary
circumstances
case
limit
influence
determining
outer
limits
younger
doctrine
justice
marshall
concurring
judgment
join
disposition
case
join
reasoning
addresses
propriety
abstention
doctrine
younger
harris
occasion
decide
abstention
proper
unless
district
jurisdiction
reach
merits
reverse
reasons
stated
concurring
opinions
justice
brennan
stevens
join
find
basis
district
unwarranted
assumption
jurisdiction
subject
matter
lawsuit
upon
ground
alone
reverse
decision
appellee
texaco
delaware
corporation
principal
place
business
new
york
sued
texas
state
courts
appellant
pennzoil
delaware
corporation
principal
place
business
texas
diversity
citizenship
texaco
remove
pennzoil
action
federal
district
action
tried
state
adverse
jury
verdict
texaco
filed
complaint
district
southern
district
new
york
seeking
enjoin
execution
texas
judgment
yet
final
time
federal
complaint
filed
texaco
filed
federal
action
without
seeking
relief
bonding
requirement
texas
federal
district
texaco
filed
sits
another
state
halfway
across
country
locale
case
tried
appeal
take
place
judgment
executed
even
texaco
possessed
power
removal
diversity
grounds
still
entitled
proceed
forum
brought
request
relief
counsel
texaco
suggested
oral
argument
venue
proper
southern
district
new
york
texaco
corporate
headquarters
located
district
chapter
petition
filed
texaco
decide
take
step
result
adverse
texas
judgment
tr
oral
arg
venue
actions
solely
predicated
upon
diversity
citizenship
governed
provides
venue
proper
judicial
district
defendants
reside
claim
arose
except
otherwise
provided
law
said
absolutely
clear
congress
intend
provide
venue
residence
plaintiff
give
party
unfettered
choice
among
host
different
districts
leroy
great
western
texaco
offered
authority
support
novel
proposition
situs
plaintiff
potential
chapter
petition
factor
considered
determination
venue
federal
civil
rights
action
district
found
venue
proper
southern
district
new
york
ground
claims
arose
district
supp
district
explain
texaco
claims
challenged
texas
bonding
provision
limiting
texaco
opportunity
stay
execution
texas
judgment
property
located
texas
said
arise
southern
district
new
york
pennzoil
failure
move
dismiss
lack
venue
contest
district
venue
determination
appeals
precludes
disposition
ground
clear
absence
venue
district
strengthens
odor
impermissible
forum
shopping
pervades
case
matter
federal
texaco
complaint
filed
jurisdiction
hear
case
lacking
principle
federal
appellate
review
judgments
rendered
state
courts
occur
appeal
writ
certiorari
see
district
columbia
appeals
feldman
rooker
fidelity
trust
see
also
atlantic
coast
line
locomotive
engineers
appeals
appellee
recognize
relevance
rule
see
brief
appellee
said
however
principle
applies
review
substance
state
judgments
federal
action
us
involved
solely
constitutional
challenge
procedures
enforcement
state
judgment
totally
apart
merits
action
circumstances
present
case
find
asserted
distinction
completely
unconvincing
said
constitutional
claims
presented
district
inextricably
intertwined
merits
judgment
rendered
state
district
essence
called
upon
review
decision
district
may
district
columbia
appeals
feldman
supra
question
whether
federal
constitutional
challenge
inextricably
intertwined
merits
judgment
may
sometimes
difficult
answer
apparent
first
step
federal
claim
inextricably
intertwined
judgment
federal
claim
succeeds
extent
state
wrongly
decided
issues
federal
relief
predicated
upon
conviction
state
wrong
difficult
conceive
federal
proceeding
substance
anything
prohibited
appeal
judgment
opinions
district
appeals
case
illustrate
problem
appeals
noted
judge
conclusions
district
respect
merits
texas
action
despite
disclaimer
constitute
amounts
impermissible
appellate
review
issues
already
adjudicated
texas
trial
determining
whether
texaco
alleged
prospect
irreparable
harm
sufficient
support
issuance
injunction
appeals
turn
found
addressing
merits
texaco
appeal
texas
state
courts
texaco
appeal
patently
frivolous
justified
holding
threatened
harm
effective
denial
right
appeal
labelled
inconsequential
issue
us
therefore
whether
texaco
prevailed
merits
texas
action
whether
texas
appeal
presents
issues
resolution
justice
holmes
observed
great
cases
like
hard
cases
make
bad
law
great
cases
called
great
reason
real
importance
shaping
law
future
accident
immediate
overwhelming
interest
appeals
feelings
distorts
judgment
northern
securities
dissenting
opinion
history
lawsuit
demonstrates
great
sums
money
like
great
cases
make
bad
law
wealthy
business
corporation
ordered
pay
damages
amount
hitherto
unprecedented
finds
continued
survival
doubt
courts
presented
arguments
great
sophistication
complexity
concerned
case
clearly
applicable
principles
never
federal
courts
opinion
addresses
sweeping
terms
one
questions
result
justice
holmes
called
kind
hydraulic
pressure
makes
previously
clear
seem
doubtful
even
well
settled
principles
law
bend
sole
proprietor
small
texas
grocery
sued
southern
district
new
york
enjoin
enforcement
texas
bonding
provision
order
facilitate
appeal
texas
judgment
amount
result
surely
different
even
inability
meet
bonding
requirement
stay
execution
judgment
meant
dissolution
business
displacement
employees
principles
governed
stake
also
govern
thousands
become
billions
essence
equal
justice
law
concur
judgment
justice
blackmun
concurring
judgment
conclude
justice
brennan
justice
stevens
creditor
invocation
state
collection
procedures
constitutes
action
color
state
law
within
reach
see
lugar
edmondson
oil
joined
majority
opinion
also
agree
district
correct
abstaining
principles
enunciated
younger
harris
see
ante
brennan
concurring
judgment
post
stevens
concurring
judgment
view
rule
otherwise
expand
younger
doctrine
unprecedented
extent
effectively
allow
invocation
younger
abstention
whenever
state
proceeding
ongoing
matter
attenuated
state
interests
proceeding
matter
abuses
federal
plaintiff
might
sustaining
see
trainor
hernandez
concurring
opinion
addition
reasons
given
justice
brennan
see
ante
concurring
judgment
believe
federal
collateral
review
barred
principles
announced
district
columbia
appeals
feldman
rooker
fidelity
trust
however
refrain
joining
opinion
either
justice
brennan
justice
stevens
hold
justice
stevens
due
process
violation
context
possible
justice
brennan
room
must
left
constitutional
violations
procedures
organization
seeking
appeal
special
attributes
organization
underlying
dispute
involves
fundamental
constitutional
rights
ante
brennan
concurring
judgment
conclusions
fear
suffer
somewhat
contortions
due
attempts
show
due
process
violation
case
possible
hardly
possible
thus
disturb
appeals
conclusion
texaco
due
process
claim
raised
fair
groun
litigation
inflexible
requirement
impressment
lien
denial
stay
execution
unless
supersedeas
bond
full
amount
judgment
posted
circumstances
irrational
unnecessary
amounting
confiscation
judgment
debtor
property
without
due
process
conclude
instead
case
presents
example
narrowly
limited
special
circumstances
zwickler
koota
quoting
propper
clark
district
abstained
principles
announced
railroad
texas
pullman
although
pullman
issue
pressed
us
see
brief
appellant
considered
appeals
rejected
particular
determined
nothing
unclear
uncertain
texas
lien
bond
provisions
abstention
demanded
mere
possibility
texas
courts
find
provisions
unconstitutional
ibid
disagree
extensive
briefing
parties
numerous
texas
statutes
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provisions
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suggests
anything
see
brief
appellant
accompanying
notes
brief
appellee
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notes
reply
brief
appellant
accompanying
notes
unique
facts
case
unsettled
questions
state
law
must
resolved
substantial
federal
constitutional
question
decided
hawaii
housing
authority
midkiff
state
courts
may
interpret
challenged
state
statute
eliminate
least
alter
materially
constitutional
question
presented
ohio
bureau
employment
services
hodory
see
also
ante
possibility
resolution
dispute
seems
still
exist
particular
suggestion
texaco
enter
chapter
proceeding
pursue
appeal
reemerge
proceeding
continue
business
usual
strikes
somewhat
odds
reality
corporate
reorganization
might
occur
bankruptcy
especially
facts
case
moreover
discussion
special
law
corporations
thought
proper
concern
constitutional
violations
sympathy
lack
thereof
particular
litigant
might
also
useful
point
obvious
overlooked
fact
pennzoil
corner
grocery
store
justice
stevens
justice
marshall
joins
concurring
judgment
opinion
texaco
claim
texas
judgment
lien
supersedeas
bond
provisions
violate
fourteenth
amendment
plainly
without
merit
injunction
enforcement
provisions
must
therefore
dissolved
rest
analysis
ground
agree
grounds
upon
disposes
case
view
district
appeals
correct
hold
creditor
invocation
state
postjudgment
collection
procedures
constitutes
action
color
state
law
within
meaning
basis
abstention
case
appeals
upheld
injunction
based
conclusion
texaco
substantial
chance
success
merits
federal
constitutional
challenge
texas
postjudgment
procedures
properly
held
texaco
contest
conclusion
texaco
claims
arising
jury
trial
support
injunction
claims
appealable
texas
courts
see
thus
injunction
must
stand
fall
texaco
argument
federal
constitution
requires
texas
grant
stay
judgment
pending
appeal
without
requiring
bond
pennzoil
argues
texaco
challenge
fails
constitutional
duty
provide
civil
appeals
precedents
tend
support
proposition
unnecessary
rely
broad
argument
order
reject
texaco
constitutional
attack
texaco
claim
texas
procedures
make
impossible
take
appeal
case
texas
rules
require
bond
security
order
take
appeal
rules
require
bond
security
order
obtain
stay
judgment
pending
appeal
sure
neither
texaco
options
rules
attractive
one
hand
texaco
obtain
stay
pennzoil
immediately
begin
executing
judgment
even
texaco
appeal
pending
hand
texaco
post
security
required
stay
district
found
seriously
impair
texaco
ability
conduct
normal
business
operations
even
force
corporation
bankruptcy
neither
consequences
however
necessarily
prevent
texaco
successor
interest
possibly
bankruptcy
trustee
going
forward
appeal
certainly
wrong
denigrate
seriousness
effects
similarly
wrong
approach
case
one
involving
absolute
deprivation
opportunity
appeal
thus
real
question
whether
texas
constitutionally
required
suspend
execution
money
judgments
without
posting
bond
security
proposition
stays
execution
available
matter
federal
constitutional
right
rejected
long
ago
louisville
nashville
stewart
justice
holmes
explained
unanimous
state
bound
reason
providing
appellate
process
also
provide
suspension
judgment
appeal
clear
strong
concern
protecting
appellees
right
recover
judgments
amply
justifies
bond
security
requirements
currently
prevalent
across
country
texaco
nonetheless
argues
texas
decided
grant
stays
executions
appellants
deny
stays
others
arbitrary
grounds
see
lindsey
normet
opportunity
appeal
granted
litigants
capriciously
arbitrarily
denied
others
without
violating
equal
protection
clause
case
texaco
claims
denial
stay
pending
bond
posting
security
arbitrary
impossible
secure
bond
amount
required
rule
texas
rules
civil
procedure
posting
security
rule
devastating
effect
financial
position
neither
bond
security
really
necessary
texaco
vast
resources
provide
ample
assurance
pennzoil
able
collect
judgment
full
appellate
process
run
course
see
brief
appellee
agree
might
wise
policy
texas
grant
exception
strict
application
rules
appellant
satisfy
three
factors
refusal
certainly
arbitrary
constitutional
sense
provision
exemptions
require
state
establish
rules
hold
individualized
hearings
whenever
relevant
allegations
made
texas
surely
rational
basis
adopting
consistent
rule
refusing
stay
execution
money
judgments
pending
appeal
unless
sufficient
bond
security
posted
admittedly
texaco
makes
sympathetic
argument
particularly
describes
potential
adverse
impact
litigation
employees
suppliers
community
large
exceptional
magnitude
consequences
product
vast
size
texaco
described
fifth
largest
corporation
immensity
transaction
gave
rise
unusual
litigation
character
harm
may
flow
litigation
different
suffered
defeated
litigants
families
employees
customers
price
evenhanded
administration
justice
especially
high
cases
duty
deal
equally
rich
poor
admit
special
exemption
corporations
transactions
see
lugar
edmondson
oil
cases
cited
lugar
explained
private
party
joint
participation
state
officials
seizure
disputed
property
sufficient
characterize
party
state
actor
purposes
fourteenth
amendment
reached
conclusion
based
rule
person
may
fairly
said
state
actor
state
official
acted
together
obtained
significant
aid
state
officials
conduct
otherwise
chargeable
state
reasoning
allows
distinction
litigant
prejudgment
postjudgment
involvement
appeals
explained
state
interests
stake
proceeding
differ
kind
degree
cases
held
younger
abstention
appropriate
justice
brennan
analysis
points
ante
issue
whether
proceedings
implicate
important
state
interests
quite
distinct
question
whether
ongoing
proceeding
see
middlesex
county
ethics
comm
garden
state
bar
although
often
wrestled
deciding
whether
particular
exercise
state
enforcement
power
implicates
important
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interest
see
younger
harris
criminal
statute
huffman
pursue
obscenity
regulation
juidice
vail
contempt
proceedings
trainor
hernandez
welfare
fraud
action
moore
sims
child
abuse
regulation
middlesex
county
ethics
supra
bar
disciplinary
proceedings
ohio
civil
rights
comm
dayton
christian
schools
antidiscrimination
laws
invariably
required
state
substantive
interest
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proceeding
interest
goes
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interest
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wholly
private
disputes
abandoning
critical
limitation
cuts
younger
doctrine
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original
doctrinal
moorings
dealt
interest
enforcing
criminal
laws
federal
courts
longstanding
reluctance
interfere
proceedings
see
huffman
supra
reasons
stated
justice
brennan
ante
justice
scalia
ante
believe
doctrine
described
district
columbia
appeals
feldman
rooker
fidelity
trust
bars
federal
courts
considering
texaco
claims
see
generally
feldman
supra
stevens
dissenting
marine
cooks
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arnold
stated
petitioner
day
dismissal
cut
statutory
right
review
full
trial
judge
jury
statutory
review
important
must
exercised
without
discrimination
review
requirement
due
process
district
columbia
clawans
ohio
akron
park
district
reetz
michigan
mckane
durston
appeal
judgment
conviction
matter
absolute
right
independently
constitutional
statutory
provisions
allowing
appeal
review
appellate
final
judgment
criminal
case
however
grave
offense
accused
convicted
common
law
necessary
element
due
process
law
wholly
within
discretion
state
allow
allow
review
citation
authorities
upon
point
unnecessary
mckane
durston
appeals
stated
texaco
liquidation
value
billion
net
worth
billion
see
also
brief
appellee
points
judgment
texaco
including
prejudgment
interest
totaled
approximately
billion
ante
course
texaco
forced
file
bankruptcy
chapter
claims
judgment
creditors
automatically
stayed
see
texaco
prevail
appeal
texas
judgment
bankruptcy
dismiss
reorganization
proceeding
see
lynn
appellate
litigation
collecting
provisions
requirements
obtain
stay
execution
pending
appeal
judgment
creditor
interest
judgment
adversely
affected
appellate
process
variety
ways
example
debtor
may
purposely
dissipate
assets
subsequent
secured
creditors
may
attach
debtor
property
area
economics
social
welfare
state
violate
equal
protection
clause
merely
classifications
made
laws
imperfect
classification
reasonable
basis
offend
constitution
simply
classification
made
mathematical
nicety
practice
results
inequality
lindsley
natural
carbonic
gas
dandridge
williams
cf
johnson
louisiana
state
acted
rationally
attempting
facilitate
expedite
reduce
expense
administration
criminal
justice
citation
omitted