Loren R. Gajewski and Melvin A. Gajewski v. United States

This is an appeal from an order of the United States District Court, (a) holding that it lacks authority to grant appellants declaratory judgment relief under 28 U.S.C.A. § 2201 (1948), (b) granting the Government’s motion for summary judgment, and (c) dismissing the action. The purpose of this proceeding, allegedly brought under § 2201, is to obtain a judicial declaration that the judgment of conviction entered against appellants in United States v. Gajewski, aff’d., Gajewski v. United States, 321 F.2d 261 (8th Cir. 1963), cert. denied, 375 U.S. 968, 84 S.Ct. 486, 11 L.Ed.2d 416 (1964) is…