Task: Wrong Candidate Generation
Input (English): proof of the charges against each of the defendants is based on the same evidence and acts. Rarely, if ever, will it be improper for co-conspirators to be tried together.” United States v. Kime, 99 F.3d 870, 880 (8th Cir. 1996). The first basis for Defendant’s motion is his contention that he and his co-defendants have antagonistic defenses. The United State Supreme Court has addressed this argument in Zafiro v. United States, 506 U.S. 534, 113 S.Ct. 933, 122 L.Ed.2d 317 (1993). The Court recognized many of the Courts of Appeals have expressed the view that “mutually antagonistic” or “irreconcilable” defenses may be so prejudicial in some instances so as to mandate severance. Id., 506 U.S. at 538, 113 S.Ct. at 937. See e.g. United States v. Shivers, 66 F.3d 938, 940 (8th Cir.1995) (<HOLDING>). The Court recognized, however, that in most 
 Holding statements: (A) holding that affirmative defenses are waived if not pled (B) recognizing the existence of antagonistic defenses does not require severance unless defenses are actually irreconcilable (C) holding that a foreign judgment filed under the montana uefja may not be subjected to the same defenses and proceedings for reopening or vacating as a domestic judgment and remain consistent with full faith and credit  the only defenses that may be raised to destroy the full faith and credit obligation owed to a final judgment are those defenses directed at the validity of the foreign judgment (D) holding defenses concerning the contract as a whole must be referred to ah arbitrator while defenses to the arbitration provision itself are considered by the court (E) holding that the defendant could not raise affirmative defenses initially in its dispositive motion but remanding the case to the trial court to determine if leave to amend answer to incorporate affirmative defenses was appropriate so that the defendant could then properly raise those defenses in its dispositive motion
Output (English): holding that affirmative defenses are waived if not pled