Supreme Court of the United States
Paul v. United States
January 14, 1963371 U.S. 245
Summary
The Court, through Justice Douglas, held that federal military procurement statutes and regulations preclude California from enforcing minimum wholesale milk prices on purchases made with appropriated funds, including purchases for resale at military commissaries. The 1962 statutory amendments did not displace the federal policy requiring competition. For purchases with nonappropriated funds, California's price controls could remain applicable on federal enclaves if the same basic regulatory scheme existed when federal jurisdiction attached. The Court affirmed in part, vacated in part, and remanded for findings concerning the history of the regulatory scheme and, if necessary, the locations of sales and the jurisdiction over those locations; it also required modification of the decree to reflect the Government's abandonment of its challenge to producer-price regulation. Justice Stewart, joined by Justices Harlan and Goldberg, dissented in part, arguing that Congress had not immunized federal procurement from generally applicable state price regulation, while agreeing that the enclave questions required remand.
Holding
- Three-judge court and direct appellate jurisdiction.. A three-judge district court was required, and direct appeal to the Supreme Court was proper.
- Application of state minimum milk prices to military purchases with appropriated funds.. California may not enforce its minimum wholesale milk prices against purchases made with appropriated funds for military consumption or resale at federal commissaries.
- Effect of the 1962 procurement amendments.. The 1962 references to prices fixed by law or regulation did not require compliance with state price-fixing systems or abandon competitive procurement.
- State milk-price regulation of purchases with nonappropriated funds on federal enclaves.. California's current milk-price controls apply to purchases with nonappropriated funds if the same basic statutory scheme existed when the relevant lands became federal enclaves. Further factual findings were necessary before resolving this portion of the case.
Docket 19
Cited authorities
- 40 U.S.C. § 325a
- 10 U. S. C. 1201
- 41 U.S.C. §§ 35-45
- 10 U.S.C. §§ 2301-2314
- 28 U.S.C. § 1253
- 28 U.S.C. § 2281
- 76 Stat. 528
- 10 U.S.C. § 2305
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