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ANB BANKCORP, INC. v. EQUITABLE LIFE ASSURANCE

No. 99-CV-469-K.

86 F.Supp.2d 1113 (2000)

ANB BANKCORP, INC., Plaintiff, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES and Mike E. Simmons, Defendants.

United States District Court, N.D. Oklahoma.

March 1, 2000.

Attorney(s) appearing for the Case

Thomas H. Gudgel, III, Stauffer Rainey Gudgel & Hathcoat, Tulsa, OK, Neal E. Stauffer, Kent Bolling Rainey, Stephen Michael Coates, Stauffer, Rainey, Gudgel & Hathcoat, Tulsa, OK, for ANB Bankcorp, Inc., plaintiff.

Kelley Charles Callahan, Crowe & Dunlevy, Oklahoma City, OK, Terry Joe Tarwater, Crowe & Dunlevy, Tulsa, OK, David R. Levin, Tess J. Ferrera, Kilpatrick, Stockton PC, Washington, DC, for Equitable Life Assurance Society of United States, defendant.

John Bruce Stuart, Wagner, Stuart & Cannon, Tulsa, OK, for Mike E. Simmonds, defendant.

ORDER

KERN, Chief Judge.

Before this Court is Plaintiff's motion to remand. Plaintiff commenced this action in Creek County District Court alleging the following. In 1993, plaintiff had an existing Employee Stock Ownership/401K plan, but was considering the implementation of new plan in order to improve the rate of return for its employees, allow for employee-directed investments and allow for employee loans. Plaintiff contacted defendants (a financial...

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