A lawsuit that claims Federal Express Corporation employees knowingly loaded 800 pounds marijuana onto a truck may be moved to federal court in Brownsville.

A Nueces County man's lawsuit against the Federal Express Corporation may be moved to federal court if plaintiff Reynaldo Garza does not contest its removal, according to a Notice of Removal of Action, filed on Tuesday.

Garza alleges that while he was working as a driver for a company contracted by Federal Express, employees of Federal Express loaded 800 pounds of marijuana into the cargo area of his truck, even though they smelled the illicit drug coming from the boxes.

The loading of the truck occurred in June of 2007 at the Harlingen Airport, according to Garza's Corpus Christi lawyer, Robert Zamora.

When Garza reached the Sarita Border Patrol checkpoint, drug-sniffing canines found the load of drugs, Zamora said. Garza was arrested and charged with drug offenses.

Asked what Garza thought he was delivering, Zamora responded simply, "boxes."

Because the plaintiff and defendant are from two different states - Federal Express is a Delaware corporation with its principal offices in Tennessee, and Garza resides in Nueces County - Federal Express Corporation attorney Peter Blomquist wants the case transferred to federal court. In May of last year the case was originally filed in the state's 444th Judicial District Court in Brownsville.

"It's more appropriate (to try the case in federal court)," Blomquist said. He also said that federal court could be more rigid. "Federal courts are a little more sophisticated, the judges are more strict."

Blomquist added that Dallas attorney Brad Brown is taking over for him in the case.