This being an action for declaratory relief, defendants insist that but for losing the " race to the courthouse," they, as " true plaintiffs," should now be granted the right to characterize this action on the " law" side of this court and thus obtain a jury trial. The defendant's reliance on this court's decision in E. F. Hutton v. Cook, 292 F.Supp. 409 (S.D.Tex.1968) is misplaced. In that case, the court held that to pursue declaratory relief, under those circumstances, would be to permit an unintended usage of the Declaratory Judgment Act.