# Opposition — Tassop v. United States

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385005_2019%3A2

## Record

- **Collection:** Supreme Court brief
- **Document type:** Opposition
- **Published:** January 1, 1979
- **Citation:** 439 U.S. 1073

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385005_2019%3A2. Public record. Not legal advice.