Court of Appeals for the Ninth Circuit May 29, 1997, No. 95-36162 (V-1 Oil Co. v. Smith)

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-l Oil Company (“V-l”) brought a Bivens action against Smith. V-l sought monetary damages for Fourth and Fifth Amendment violations arising out of the seizure of a leased railroad tank car.