SMITH v. EQUITABLE LIFE ASSUR. CO. OF U.S.

No. CIV. A. CV-01-AR-1525-S.

148 F.Supp.2d 1247 (2001)

Bobby C. SMITH, Plaintiff, v. THE EQUITABLE LIFE ASSURANCE COMPANY OF THE UNITED STATES, Defendant.

United States District Court, N.D. Alabama, Southern Division.

July 16, 2001.


Attorney(s) appearing for the Case

Stephen D. Heninger, Heninger Burge Vargo & Davis, Birmingham, AL, for Plaintiffs.

Henry T. Morrissette, Hand Arendall LLC, Mobile, AL, Jeffrey D. Dyess, Hand Arendall LLC, Birmingham, AL, for Defendant.


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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