Judge JON O. NEWMAN joins the opinion and concurs in a separate opinion.
F.I. PARKER, Circuit Judge.
Defendant-appellant Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch") appeals from the order of the United States District Court for the Southern District of New York (Denise Cote, Judge) entered on October 9, 2001, remanding claims brought by plaintiff-appellee Michael Spielman ("Spielman") in New York state court. Spielman, on behalf...
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