Leslie Miller, Inc. v. State

From Wikisource
Jump to navigation Jump to search
Leslie Miller, Inc. v. State, 225 Ark. 285 (1955)
by the Arkansas Supreme Court

The Arkansas Supreme Court's decision in Leslie Miller, Inc. v. State, 225 Ark. 285 (1955), was reversed upon appeal to the U.S. Supreme Court. See Leslie Miller, Inc. v. Arkansas, 352 U.S. 187 (1956).

Supreme Court of Arkansas

225 Ark. 285

Leslie Miller, Inc.  v.  State

Appeal from Pulaski Circuit Court, First Division

No. 4807-8-9-10.—Decided: July 4, 1955.
Rehearing denied: October 3, 1955. 

Court Documents
Opinion of the Court
Linked cases:
352 U.S. 187
  1. JURISDICTION—LANDS ACQUIRED WITHIN A STATE BY UNITED STATES.—The provisions of Act 124 of 1939, providing for the licensing of contractors, held applicable to contracts for facilities on lands purchased or leased by the United States Government with the consent of the State of Arkansas but over which the United States had not accepted exclusive jurisdiction as provided in 40 U.S.C.A. 255.
  2. LICENSES—CONSTITUTIONAL LAW, INTER-GOVERNMENTAL IMMUNITY FROM.—The fact that independent contractors have contracts with the United States Government to construct building on United States Government property, the exclusive jurisdiction of which has not been accepted by the United States as provided in 40 U.S.C.A. 255, does not grant to them an immunity from Act 124 of 1939 requiring them to procure a license before they can legally bid, contract or perform work on a contract in Arkansas in excess of $20,000.

Appeal from Pulaski Circuit Court, First Division; Wm. J. Kirby, Judge; affirmed.

Sherrill, Gentry & Bonner, for appellant.

Tom Gentry, Attorney General, Thorp Thomas, Assistant Attorney General, and Mehaffy, Smith & Williams, for appellee.

Warren E. Gurger, Asst. U.S. Attorney General, and Osro Cobb, U.S. District Attorney, Amici Curiae.

[Opinion of the court by Chief Justice LEE SEAMSTER.]

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).

Nuvola apps important.svg
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.