United States of America, Appellee-Cross-Appellant v. 3,317.39 Acres of Land, More or Less, in Jefferson County, Arkansas, Appellant-Cross-Appellee

VAN OOSTERHOUT, Senior Circuit Judge.

This is a timely appeal by condemnee Ark-Mo Farms, Incorporated (Ark-Mo) 1 from final judgment of the District Court entered June 16, 1972, ordering Ark-Mo to refund to the Government by way of restitution $736,891.45 with interest thereon at 6% per annum from June 16, 1972.

The basic facts are set out in a prior appeal to this court. United States v. 3,317.39 Acres, 443 F.2d 104 (8th Cir. 1971). Upon that appeal we reversed an award of $976,071.00 for just compensation and remanded for a new trial.

Pertinent facts relevant to this appeal will be briefly…