Columbian Nat. Life Ins. Co. v. Foulke

I agree with the majority opinion that “a case of actual controversy” exists within the meaning of the Declaratory Judgment Act (28 U.S.C.A. § 400) and the Constitution. Also, I agree that the act may apply where the petitioner seeks to have determined presently his liability upon a contract where such liability has ripened and he could be proceeded against at law or in equity. I cannot agree that the act covers a situation where “other adequate remedy at law or in equity exists” (italics added), which seems to be announced in the majority opinion.

If the paragraph in the majority opinion…