Opposition — Band-Age, Inc. v. National Labor Relations Board

——

Su reme Court, U.S.

y TILED

Oct 14 1976

No. 76-275 | cuAgl RODAX, JR, CLERK

ona

In the Supreme Court of the United States

OCTOBER TERM, 1976

BAND-AGE, INC., PETITIONER

Vv.

NATIONAL LABOR RELATIONS BOARD

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE FIRST CIRCUIT

MEMORANDUM FOR THE NATIONAL LABOR RELATIONS

BOARD IN OPPOSITION

RosBerT H. Bork,

Solicitor General,

Department of Justice, -

Washington, D.C. 20530.

JOHN S. IRVING,

General Counsel,

National Labor Relations Board,

Washington, D.C. 20570.

In the Supreme Court of the Hnited States

OCTOBER TERM, 1976

No. 76-275

BAND-AGE, INC., PETITIONER

Vv.

NATIONAL LABOR RELATIONS BOARD

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE FIRST CIRCUIT

MEMORANDUM FOR THE NATIONAL LABOR RELATIONS

BOARD IN OPPOSITION

The petition for a writ of certiorari in the instant

case, filed on August 24, 1976, is untimely. The judgment

of the court of appeals in this civil matter (Pet. App. A43—

A-44) was entered on April 13, 1976. The time for filing

a petition for a writ of certiorari was not extended! and,

accordingly, the 90-day period provided in 28 U.S.C. 2101

(c) for petitioning in civil cases expired on July 12, 1976.

‘Petitioner filed an untimely application for an extension of

time (Pet. App. A-57). which was returned by the Clerk of this Court.

(1)

5

The time limit imposed by 28 U.S.C. 2101(c) is juris-

dictional. Toledo Scale Co. v. Computing Scale Co., 261

U.S. 399, 418. Accordingly, the petition should be denied.

Respectfully submitted.

ROBERT H. Bork,

Solicitor General.

JOHN S. IRVING,

General Counsel,

National Labor Relations Board.

OcTOBER 1976.

DOJ-1976-10