@kcooney, that's a good point.  In that case, let's leave the code untouched, but go a little over-protective with comments, both here to explain why this is here, and in the header for SmokeTests, to explain that it's not run with the others that are near it in the code.  A separate package inside org.junit.tests might even be in order, but I'll leave that to your discretion.

I think if you take a look, there are other JUnit-3-style tests linked in from org.junit.tests.AllTests (i.e. AnnotationTest), possibly with the same risk, which should probably be treated the same way.  Can you either take care of those in this pull, or raise a separate issue?  Thanks.