MEMORANDUM
HIGGINS, District Judge.
The Court has before it the defendant's renewed motion (filed November 5, 1993; Docket Entry No. 39) to dismiss and the plaintiff's response (filed December 3, 1993; Docket Entry No. 44). For the reasons set forth below, the defendant's motion shall be denied, and this action shall be remanded to the Chancery Court of Sumner County, Tennessee.
I.
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