Is a denial of declaratory relief in a motion brought by Pacesetter pursuant to the abuse of the abuse standard?

1 Pacesetter contends the district court judgment is equivalent to denial of declaratory relief and should therefore be subject to closer scrutiny than that required by the abuse of discretion standard. This court has held that the district court's exercise of discretion as to declaratory remedies is subject to a "more searching review" and that this court may "substitute its judgment" for that of the district court. Doe v. Gallinot, 657 F.2d 1017, 1024-25 (9th Cir. 1981). The instant case, however, does not concern the denial of a declaratory remedy. Rather, it concerns the court's discretion to accept or decline jurisdiction. Although the particular remedy sought is declaratory relief, a decision as to whether the declaratory remedy is appropriate would become an issue only after the court had properly exercised jurisdiction under the comity doctrine. A more searching review is thus not appropriate to the determination here involved.