MEMORANDUM OPINION
ACKER, District Judge.
The court has before it a motion to remand filed by plaintiff, Bobby C. Smith ("Smith"). Defendant, The Equitable Life Assurance Company of the United States ("Equitable"), removed the case from the Circuit Court of Jefferson County, Alabama, on June 15, 2001, claiming jurisdiction in this court on the basis of the alleged existence of a federal question over which this court would have original jurisdiction...
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