Steccone

The District Court found against Steccone, caused judgment to be entered and ordered a writ of execution to issue. Steccone moved for a recall of the execution, a stay, and a quashing of the writ on the ground that no final judgment had been entered and, in addition, moved the court-for an entry of final judgment. The District Court denied the relief asked, holding that a final judgment had been duly entered sometime prior to the filing of the motions. Steccone appeals.

A proper disposal of the procedural questions involved requires a somewhat detailed statement of the course taken in the trial court litigation.

Morse-Starrett sued Steccone for trade-mark infringement and unfair competition. Morse-Starrett prevailed, and an injunction duly issued. Morse-Starrett Products Co. v. Steccone, D.C.N.D.Cal. 1949, 86 F.Supp. 796 . In 1950 MorseStarrett obtained from the District Court an order to show cause why Steccone should not be held in contempt of that decree. After a hearing the District Judge, on July 31, 1950, signed and caused to be filed a “Memorandum Opinion”. Thereafter the clerk of the district court made certain docket entries. Steccone filed no notice of appeal from this…