William F. Wilson v. United States Department of Agriculture, Food and Nutrition Service

MERRITT, Circuit Judge.

This case involves the broad question of whether the Secretary of Agriculture can set rules of civil procedure for state courts in the trial of federal food stamp cases. Specifically, the issue involved here is whether the Secretary can require a state trial court sitting in a federal food stamp case to follow federal rules of civil procedure for the service of process.

This case arises from the United States’ attempted removal to federal court of a food stamp suit originally brought in Kentucky state court. The federal removal statute, 28 U.S.C. § 1446 (1970), requires…