United Insurance Co. of America v. Harris

MEMORANDUM OPINION

MYRON H. THOMPSON, Chief Judge.

The Declaratory Judgment Act of 1934 provides that,

“In a case of actual controversy within its jurisdiction, ... any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.”

28 U.S.C.A. § 2201(a) (West 1994). This court is confronted with an issue that, surprisingly, has seldom arisen in the 60 years since the Act’s passage: whether and when a person or entity that has been…