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U.S. v. V-1 OIL CO.

No. 94-36178.

63 F.3d 909 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. V-1 OIL COMPANY, d/b/a V-1 Propane, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1995.

Attorney(s) appearing for the Case

Peter Stirba, Stirba & Hathaway, Salt Lake City, UT, for defendant-appellant.

John F. Daly, U.S. Dept. of Justice, Jonathan Kaplan, U.S. Dept. of Transp., Washington, DC, for plaintiff-appellee.

Before: FARRIS, NOONAN, Jr., and HAWKINS, Circuit Judges.

Opinion by Judge FARRIS; Dissent by Judge NOONAN.

FARRIS, Circuit Judge:

The principal question is whether warrantless, unannounced inspections under the Hazardous Materials Transportation Act violate V-1's Fourth Amendment rights. We hold that they do not and affirm.

I. FACTS

V-1 Oil Company is a liquefied propane gas retailer in six western states. It receives propane gas by rail from Canadian distributors. Although V-1 does not own the...

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