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QUESTION: Ms. Smith, may I ask you another
question? Do you think the word defendant is a term that
is governed by Federal law or State law?
Supposing the State had a statute that said, a
person becomes a defendant as soon as he -- one State has
a statute that says a person is a defendant when the
complaint is filed. Another State has a statute that says
a person is not a defendant until he's served with
process.
MS. SMITH: I think it is an issue -- for 1446
purposes and for removal purposes it is an issue of
Federal law, who is a defendant under Federal law.
QUESTION: So that even if a State had a statute
that said, you are a defendant when the complaint is
filed, that would not be controlling --
MS. SMITH: I think that's --
QUESTION: -- and I suppose your opponent would
make the same answer with respect to the other statute.

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