CUSHMAN, District Judge (after stating the facts as above).
The Declaratory Judgment Act (Jud. Code, § 274d), as amended (title 28 U.S.C. A. § 400) provides:
"(1) In cases of actual controversy except with respect to Federal taxes the courts of the United States shall have power upon petition, declaration, complaint, or other appropriate pleadings to declare rights and other legal relations of any interested party petitioning for such declaration...
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