United States Supreme Court Cases & Opinions

U.S. Supreme Court

Leslie Miller, Inc. v. Arkansas, 352 U.S. 187 (1956)

Leslie Miller, Inc. v. Arkansas

No. 51

Argued December 5-6, 1956

Decided December 17, 1956

352 U.S. 187

Syllabus

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 commenced 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. 352 U. S. 187-190.

225 Ark. 285, 81 S.W. 2d 946, reversed and remanded.