Opposition — Tassop v. United States

No. 78-760

Yn the Supreme Court of the United States

OCTOBER TERM, 1978

HELEN K. TASSOP, ETC., PETITIONER

Vv.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE SECOND CIRCUIT

MEMORANDUM FOR THE UNITED STATES

IN OPPOSITION

WADE H. McCreg, JR.

Solicitor General

Department of: Justice

Washington, D.C. 20530

In the Supreme Court of the United States

OCTOBER TERM, 1978

No. 78-760

HELEN K. TASSOP, ETC., PETITIONER

Vv,

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR

THE SECOND CIRCUIT

MEMORANDUM FOR THE UNITED STATES

IN OPPOSITION

We wish to call to the Court’s attention certain facts

that indicate that the petition was filed out of time. The

judgment of the court of appeals was entered on March

24, 1978 (Pet. App. 2a). In accordance with the 90-day

time limit for seeking certiorari in a civil case established

by 28 U.S.C. 2101(c), the time within which the petition

should have been filed expired on June 22, 1978. On July

10, 1978, Mr. Justice Marshall denied petitioner's

application for an extension of time within which to seek

certiorari. The petition was filed on November |, 1978.

The Court therefore lacks jurisdiction to consider the

petition. See, e.g., FTC v. Minneapolis-Honeywell Co.,

344 U.S. 206, 207 (1952); Department of Banking v. Pink,

317 U.S. 264, 268 (1942); Toledo Co. v. Computing Co.,

261 U.S. 399, 417-418 (1923).

(1)

It is therefore respectfully submitted that the petition

for a writ of certiorari should be denied.

WADE H. McCreg, Jr.

Solicitor General

DECEMBER 1978