Leslie Miller, Inc. v. Arkansas

United States Supreme Court

Appeal from the Supreme Court of Arkansas

No. 51 Argued: December 5–6, 1956. --- Decided: December 17, 1956

Section 3 of the Armed Services Procurement Act of 1947 provides that awards on advertised bids "shall be made . . . to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, price and other factors considered . . . ." Appellant was awarded a contract under this section and conimenced construction of facilities at an Air Force base in Arkansas over which the United States had not acquired jurisdiction pursuant to 54 Stat. 19, 40 U.S.C. § 255. Appellant was convicted under Ark. Stat., 1947, §§ 71-701 through 71-721, for submitting a bid, executing a contract, and commencing work as a contractor in the State of Arkansas without having obtained a license for such activities from the State Contractors Licensing Board. Held: The state statute is in conflict with the federal statute and the regulations thereunder, and the state statute cannot constitutionally be applied to appellant. Johnson v. Maryland, 254 U.S. 51. Pp. 187–190.

225 Ark. 285, 281 S.W.2d 946, reversed and remanded.

Leffel Gentry argued the cause and filed a brief for appellant.

By special leave of Court, John F. Davis argued the cause for the United States, as amicus curiae, urging reversal. On the brief were Solicitor General Rankin, Assistant Attorney General Doub and Melvin Richter.\

William J. Smith argued the cause for appellee. With him on the brief were Tom Gentry, Attorney General of Arkansas, and Thorp Thomas, Assistant Attorney General.

PER CURIAM.

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