STATE v. UNIVERSITY OF ARKANSAS BOARD OF TRUSTEES

No. 5-3939.

407 S.W.2d 916 (1966)

STATE of Arkansas, Bill Laney, Comm. of Labor etc., Appellant, v. UNIVERSITY OF ARKANSAS BOARD OF TRUSTEES etc., Appellee.

Supreme Court of Arkansas.

November 14, 1966.


Attorney(s) appearing for the Case

Curtis E. Rickard, Department of Labor, Little Rock, for appellant.

Owens, McHaney & McHaney, Little Rock, for appellee.


McFADDIN, Justice.

The decisive question is whether the Commissioner of Labor of the State of Arkansas can successfully sue the Board of Trustees of the University of Arkansas, in the teeth of the Constitutional Provision (Art. 5, Sec. 20), which reads: "The State of Arkansas shall never be made defendant in any of her courts." The Chancery Court held that the suit could not be maintained; and we affirm that holding.

The University of Arkansas maintains a...

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