United Nat. Ins. Co. v. Mydrin, Inc.

92 F.3d 1194 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED NATIONAL INSURANCE COMPANY; Aetna Casualty and Surety Company, Plaintiffs-Appellees, v. MYDRIN, INC., for itself and as successor in interest to R & D Latex, Inc.; R & D Latex Corp., Defendants-Appellants. No. 95-55733. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1996. Decided Aug. 2, 1996. Before: FLETCHER, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 We vacate the district court's grant of summary judgment in favor of Aetna and United National and remand. 3 Aetna and United National brought this action under the Declaratory Judgment Act, 28 U.S.C. § 2201 . "The Declaratory Judgment Act was an authorization, not a command.... A declaratory judgment ... should be granted only as a matter of judicial discretion, exercised in the public interest." Public Affairs Assocs. v. Rickover, 369 U.S. 111, 112 (1962) (per curiam) (citations and internal quotations…