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WILSON v. U. S. DEPT. OF AGRICULTURE, ETC.

No. 76-1977.

584 F.2d 137 (1978)

William F. WILSON, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD AND NUTRITION SERVICE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 15, 1978.

Attorney(s) appearing for the Case

Dale M. Morris, Hodgenville, Ky., for plaintiff-appellant.

Albert Jones, U. S. Atty., James H. Barr, Asst. U. S. Atty., Louisville, Ky., for defendant-appellee.

Before PHILLIPS, Chief Judge, and EDWARDS and MERRITT, Circuit Judges.

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...

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