# Memorandum — Meyer v. Seamans

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385607_1113%3A2

## Record

- **Collection:** Supreme Court brief
- **Document type:** Memorandum
- **Published:** January 1, 1973
- **Citation:** 414 U.S. 1093

## Text

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. LIDrtArtyT

U.S
SUPREME COURT, U. $ PLEER {o
In the Supreme Court of the —

OcTOBER TERM, 1973

CHARLES L. MEYER, PETITIONER
Vv.

Ropert C. SEAMANS, JR.,
SECRETARY OF THE AIR FORCE

ON PETITION FOR A WRIT OF CERTIORARI TO
THE UNITED STATES COURT OF APPEALS FOR
THE SEVENTH CIRCUIT

MEMORANDUM FOR THE RESPONDENT IN OPPOSITION

RoperT H. Bork,
Solicitor General,
Department of Justice,
Washington, D.C. 20530.

Oe Oar NOV dO % NER LUNE ANON AN A aI TO AUER Ba 98 ag HON hE

3u the Bupreme Court of the Mnited States

OctToper TERM, 1973

No. 73-634
CHARLES L. MEYER, PETITIONER
Vv.

ROBERT C, SEAMANS, J8.,
SECRETARY OF: THE AIR FORCE

ON PETITION FOR A WRIT OF CERTIORARI TO
THE UNITED STATES COURT OF APPEALS FOR
THE SEVENTH CIRCUIT

MEMORANDUM FOR THE RESPONDENT IN OPPOSITION

The petition for a writ of certiorari was not timely
filed. The judgment of the court of appeals in this
civil suit was entered on June 25, 1973. An application
for an extension of time was received by the Court
on September 22, 1973,' and denied by Mr. Justice
Rehnquist on September 24, 1973. The 90-day period
provided by 28 U.S.C. 2101(c) for petitioning in civil
cases expired on September 24, 1973. The petition was
filed on October 9, 1973.

The time limit specified by 28 U.S.C. 2102(c) is
jurisdictional, Toledo Co. v. Computing Co., 261 U.S.
399, 418.

' The application was thus untimely under this Court’s Rule 34(2).

(1)

= MS A ROPER ET? SRE Tr Ke

Sets mS yee

2

ong fully submitted that the petition for a
writ of certiorari should be denied.
Ropert H. Bork,
Solicitor General.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385607_1113%3A2. Public record. Not legal advice.