The following excerpt is from Midkiff v. Tom, 702 F.2d 788 (9th Cir. 1983):
1 Federal district court jurisdiction of the case sub judice is based upon 28 U.S.C. Secs. 1331 (federal question), 1343 (civil rights) & 2201 (declaratory relief) and 42 U.S.C. Sec. 1983 (civil action for deprivation of rights). The issue of whether the district court should abstain from the exercise of its jurisdiction was raised during the proceedings below. The district court proceeded to the merits and thus implicitly exercised its discretion to decline abstention. See Midkiff v. Tom, 483 F.Supp. 62 (D.Haw.1979).
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