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SYKES v. UNITED STATES

No. 18838.

392 F.2d 735 (1968)

Ralph SYKES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 11, 1968.

Attorney(s) appearing for the Case

Ralph Sykes, pro se.

Stephen C. Glassman, Atty., Dept. of Justice, Washington, D. C., for appellee. Edwin L. Weisl, Jr., Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Charles M. Conway, U. S. Atty., Fort Smith, Ark., Max E. Findley, Special Asst. to the U. S. Atty., Fort Smith, Ark., and Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., were with Stephen C. Glassman, Washington, D. C., on the brief.

Before VOGEL, Senior Circuit Judge, BLACKMUN and LAY, Circuit Judges.

LAY, Circuit Judge.

The landowner appeals from the judgment of the district court approving a condemnation award set by a Commission appointed pursuant to Fed.R.Civ. P. 71A(h). The district court in a separate order also entered judgment against the landowner for restitution to the government for an overpayment in the deposit it made at the time of the taking of the land in question. We reverse and remand for a new trial.

A preliminary jurisdictional problem...

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