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U.S. v. APPROXIMATELY 81,454 CANS OF BABY FORMULA

No. 08-2637.

560 F.3d 638 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. APPROXIMATELY 81,454 CANS OF BABY FORMULA, Defendant. Appeal of Kaloti Wholesale, Inc.

United States Court of Appeals, Seventh Circuit.

Decided March 25, 2009.

Attorney(s) appearing for the Case

Scott J. Campbell (argued), Michelle L. Jacobs, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Raymond M. Dall'Osto (argued), D. Michael Guerin, Gimbel, Reilly, Guerin & Brown, Milwaukee, WI, for Kaloti Wholesale, Inc.

Before POSNER and SYKES, Circuit Judges, and DOW, District Judge.

POSNER, Circuit Judge.

In February of 2007, federal agents seized, pursuant to a search warrant, more than 80,000 cans of powdered baby formula from the warehouse of the appellant, a grocery wholesaler, on suspicion that they had been stolen from retail stores. Many of the cans still had retail-store markings or evidence of altered labels; apparently the appellant had stripped labels off cans on which the "use by" date (printed...

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