that KMS has notified Quality King that it has a corporate policy that restricts its authorized distributors from selling to anyone other than hair salons, barber shops, beauty schools and barber schools for resale and that some of such salons may have arrangements with their distributors restricting resale only to salon customers for personal use. Also on September 27, 1996, the defendant filed a related action in the California Superior Court captioned KMS Research, Inc. v. Quality King Distributors, Inc., No. BC 158155 (Cal.Sup.Ct. Sept. 27, 1996). The complaint in that action alleges claims against Quality King and other named defendants , 779 (N.D.Cal.1993) (same); see also Skelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671, 70 S.Ct. 876, 878-79, 94 L.Ed. 1194 (1950) (<HOLDING>). Declaratory judgment actions in the federal
recognizing that a suit for declaratory judgment is neither legal nor equitable but is determined by the nature of underlying issue recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted holding that the declaratory judgment act is a procedural device