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BROWN & WILLIAMSON TOBACCO CORP. v. WIGAND

Civil Action No. 3:95CV-842-S.

913 F.Supp. 530 (1996)

BROWN & WILLIAMSON TOBACCO CORPORATION, Plaintiff, v. Jeffrey S. WIGAND, Defendant.

United States District Court, W.D. Kentucky, Louisville Division.

January 24, 1996.

Attorney(s) appearing for the Case

James E. Milliman, Middleton & Reutlinger, Louisville, KY, Gordon A. Smith, King & Spaulding, Atlanta, GA, Thomas E. Bezanson, Garyowen P. Morrisroe, Chadbourne & Parke, New York City, Michael J. O'Connell, Parker & O'Connell, PLC, Louisville, KY, Stanley S. Arkin, Arkin, Schaffer & Supino, New York City, for Plaintiff.

James R. Cox, Bryan Todd Thompson, Frank P. Doheny, Jr., Michael M. Hirn, Stephen R. Reilly, Hirn, Doheny, Reed & Harper, Louisville, KY, William E. Johnson, Stoll, Keenon & Park, Frankfort, KY, for Defendant.

MEMORANDUM OPINION

SIMPSON, Chief Judge.

This matter is before the court on the motion of the plaintiff, Brown & Williamson Tobacco Corporation (hereinafter "B & W"), to remand this action to the Jefferson County, Kentucky Circuit Court. We are required to determine if we have jurisdiction over the case pursuant to 28 U.S.C. § 1442(a)(1), upon which removal was based.

I.

The facts, as recounted in this opinion, are undisputed...

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