GOVERNMENT EMPLOYEES INS. CO. v. DIZOL

No. 95-17393.

133 F.3d 1220 (1998)

GOVERNMENT EMPLOYEES INSURANCE COMPANY, Plaintiff-Appellee, v. Alexander DIZOL, Special Administrator of the Estate of Kevin Tate Dizol, Deceased, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1998.


Attorney(s) appearing for the Case

James Ireijo, Hilo, Hawaii, for defendant-appellant.

Carleton B. Reid, Reid, Richards & Miyagi, Honolulu, Hawaii, for plaintiff-appellee.

Before: HUG, Chief Judge, FLETCHER, ALARCON, REINHARDT, BRUNETTI, KOZINSKI, FERNANDEZ, T.G. NELSON, KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.


Opinion by Judge THOMAS; Dissent by Judge ALARCON.

THOMAS, Circuit Judge:

In this appeal, we consider the circumstances under which federal courts must make findings concerning the exercise of jurisdiction pursuant to the Uniform Declaratory Judgment Act, 28 U.S.C. § 2201 (1994). We conclude that once subject matter jurisdiction exists, the district court may proceed with a declaratory relief action without sua sponte raising the issue of whether it should...

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