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U.S. v. 8,800 POUNDS, MORE OR LESS OF POWDERED EGG WHITE PRODUCT

No. 07-3671.

551 F.3d 759 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. 8,800 POUNDS, MORE OR LESS, OF POWDERED EGG WHITE PRODUCT, Defendant, Creative Compounds, LLC, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 24, 2008.

Attorney(s) appearing for the Case

Andrew Seth Ittleman, argued, Miami FL (Mitchell S. Fuerst, and Christine Humprey, on the brief), for appellant.

Michael A. Price, AUSA, argued, Cape Girardeau, MO, for appellee.

Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and PIERSOL, District Judge.

LOKEN, Chief Judge.

Creative Compounds, LLC, illegally imported 8800 pounds of powdered egg whites intended for human consumption from Peru. After the product mistakenly cleared U.S. Customs, it was detained by the U.S. Department of Agriculture at a warehouse in Missouri. When Creative could not obtain a certificate from the Peruvian government that would permit use of the product as animal feed, the United States commenced this action seeking condemnation and destruction...

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