Seneca Grape Juice Corp. v. United States

Pee Cueiam.

This matter comes before us on petitioner’s motion to accept its appeal for filing, with a request for an order “permitting filing of the Notice of Appeal and related material received by your court on January 29,1974, nunc fro tuno as of J anuary 28,1974.”

The envelope in which the notice of appeal was received by certified, mail is stamped “DECEIVED JAN 29 1974 UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS” and is postmarked “NEW YORK, N. Y. CHURCH STREET STA. 78 JAN 25 PM.” There is no showing that the date of actual receipt was earlier than the stamped date, and petitioner…