In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
intent and the public authority defense at a new trial, it should also provide an appropriate instruction articulating that reliance on the apparent authority of a government official is not a viable defense. 7 . In light of our conclusion that the district court properly granted a new trial, we need address only one additional issue on appeal. Michael contends that his indictment was defective because it failed to provide him with proper notice of the three drug-related violations underlying the continuing criminal enterprise count. His argument is without merit, however, because the CCE count in the indictment expressly incorporated by reference the predicate drug violations upon which the jury relied in convicting Michael. See United States v. Tipton, 90 F.3d 861, 863 (4th Cir.1996) 
 Holding statements: (A) recognizing that a court is permitted to rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice (B) holding that reference to ordinance is not improper reference to an external document because injunction sufficiently describes the act sought to be enjoined and reference to the ordinance as stated in the injunction is merely to give further notice as to the enjoined conduct but the reference was unnecessary to give the appellants sufficient notice of that conduct (C) holding that an indictment which incorporated by reference the predicate drugrelated violations was sufficient to provide adequate notice for a cce count (D) holding that a single implicit reference to the email in which the complaint makes no explicit reference to nor does it quote at all from is insufficient to establish that the email was incorporated by reference into the complaint (E) holding that an indictment gave sufficient notice when the indictment charged the elements of the offense

Ex Output:
(C)


Ex Input:
grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. Id. (emphasis added). A defendant must also “file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” Id. § 1446(d). The removal statutes are construed narrowly. Pritchett v. Off its, including the District of Kansas, have also followed this approach. See, e.g., Berbig v. Sears Roebuck & Co., Inc., 568 F.Supp.2d 1033, 1039 n. 9 (D.Minn.2008) (stating that “a failure to comply with the requirements of [Section 1446(a) ] ordinarily is not grounds to deny removal”); Riggs v. Fling Irrigation, Inc., 535 F.Supp.2d 572, 579 (W.D.N.C.2008) (<HOLDING>); Yellow, 406 F.Supp.2d at 1215; In re Methyl 
 Holding statements: (A) holding that under alabama law the law of the forum applies to procedural matters and that in most instances the statute of limitations is considered to be a procedural rule (B) recognizing that the procedural defect could be corrected through a reinstatement of the termination proceedings (C) holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this (D) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect (E) holding while there may be some case law to support plaintiffs argument the majority approach is that the failure to attach process defect is merely procedural and that this particular procedural defect may be cured

Ex Output:
(E)


Ex Input:
Am. Express Co. v. United States, 262 F.3d 1376, 1382-83 (Fed. Cir. 2001). The appellant asserts that the Court should find that the Secretary’s interpretation of section 1117 that veterans who served in Afghanistan are not eligible for the service-connection presumptions afforded in it is arbitrary and capricious because the agency did not consider all relevant factors, including the purposes for which section 1117 was originally promulgated and the fact that VA and the National Academy of Sciences (NAS) have both recognized that veterans who served in Afghanistan face “many if not all” of the same exposures faced by veterans who served in the other countries included in the Southwest Asia theater of operations. App. Br. at 13-17 (citing Marlow v. Brown, 5 Vet.App. 146, 151 (1993) (<HOLDING>)(quoting Motor Vehicle Mfrs. Ass’n v. State 
 Holding statements: (A) holding that judicial review of an administrative agencys decision is limited solely to whether given the relevant standard and facts the agencys decision was arbitrary illegal capricious or unreasonable (B) holding that a court reviewing an informal adjudication must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment (C) holding that under the arbitrary and capricious standard this court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment (D) holding that when applying an arbitrary and capricious standard of review the courts role is to determine whether the plan administrators decision was completely unreasonable (E) holding that when the agencys decision was based on an erroneous and completely unsupported assumption the decision was arbitrary and capricious

Ex Output:

(C)