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

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385004_0503%3A2

## Record

- **Collection:** Supreme Court brief
- **Document type:** Opposition
- **Published:** January 1, 1976
- **Citation:** 429 U.S. 921

## Text

——

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385004_0503%3A2. Public record. Not legal advice.