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V-1 OIL CO. v. SMITH

No. 95-36162.

114 F.3d 854 (1997)

V-1 OIL COMPANY, an Idaho corporation, Plaintiff-Appellee, v. Steven A. SMITH, a Federal Railroad Administration Inspector, in his individual capacity, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 29, 1997.

Attorney(s) appearing for the Case

Matthew M. Collette, United States Department of Justice, Peter J. Plocki, U.S. Department of Transportation, and Jonathan L. Kaplan, Federal Railroad Administration, Washington, D.C., for defendant-appellant.

Peter Stirba and Linette B. Hutton, Stirba & Hathaway, Salt Lake City, Utah, for plaintiff-appellee.

Before: LAY, BEEZER and TROTT, Circuit Judges.

OPINION

BEEZER, Circuit Judge:

Steven Smith, a Federal Railroad Administration inspector, brings this interlocutory appeal of the district court's denial of summary judgment. V-1 Oil Company ("V-1") brought a Bivens action against Smith. V-1 sought monetary damages for Fourth and Fifth Amendment violations arising out of the seizure of a leased railroad tank car. Smith moved for summary judgment, claiming qualified immunity. We have jurisdiction pursuant...

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