Browder v. Director, Dept. of Corrections of Ill.

Mr. Justice Blackmun, with whom Mr. Justice Rehnquist joins,

concurring.

I join the Court’s opinion but add the comment that, under slightly altered circumstances, respondent’s position might be sustained under Fed. Rule Civ. Proc. 60 (b)(1) or (6). This would be done by treating the District Court’s December 8, 1975, order as an order granting relief from judgment and the post-evidentiary-hearing order dated January 26, 1976, and entered January 28, as an order reinstating judgment. With a judgment thus newly entered, respondent’s notice of appeal would have been timely under Fed. Rule App.…