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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Input: Consider Input: 2 (emphasis added). In its Clarification, the FCC freed itself of this deadline, continuing to state that the order would last until the Fourth FNPRM but giving no time period in which that would occur. Clarification, 15 FCC Rcd 9587, at ¶ ¶ 1, 35. We hold that this extension newly aggrieved CompTel and thus made its petition timely. See Sam Rayburn Dam Elec. Coop. v. Fed. Power Comm’n, 515 F.2d 998, 1007 (D.C.Cir.1975) (stating that where a party was “aggrieved” by a later interpretation of a rule that it could not have reasonably anticipated, the time limit starts to run at the later event). Cases have held that extension of a temporary order may entitle the parties to seek judicial review of the order. See Public Citizen v. Nuclear Regulatory Comm’n, 901 F.2d 147, 151 (D.C.Cir.1990) (<HOLDING>); Illinois Cent. Gulf R.R. v. Interstate 
 Holding statements: (A) holding that where a temporary order is later made permanent the permanent order may be challenged (B) holding that the phrase permanent shutdown is unambiguous and can only mean a permanent cessation of plant operations rather than the uneventful transfer of ownership (C) holding it was error for the court to issue a permanent injunction at a hearing to show cause why a temporary restraining order should not be continued via a preliminary injunction (D) holding that an alien who procured permanent resident status byconcealing his ineligibility had not been lawfully admitted for permanent residence (E) holding an order that was interlocutory in form to be final in substance where the force and effect of the order was tantamount to a permanent injunction depriving complainant of a recognized property right

Output: holding that the phrase permanent shutdown is unambiguous and can only mean a permanent cessation of plant operations rather than the uneventful transfer of ownership


Input: Consider Input: 620, 622 (La.App.1967) (same). Takings of temporary easements are measured differently. A landowner must be compensated for the loss of use of property taken by a temporary easement and any impairment of access to the property during the period of construction. Miczek v. Commonwealth, 32 Mass.App. Ct. 105, 108, 586 N.E.2d 1004, 1005 (1992) (involving temporary slope easement). Some courts have held that the damages are equal to the rental value of the property for the period of occupation. 4 Nichols at § 12E.01. This is commonly measured by the rental value of the property as a whole. See Paddock v. Town of Durham, 110 N.H. 106, 108, 261 A.2d 438, 441 (1970); 4A Nichols at § 14.2462. Cf. Kimball Laundry Co. v. United States, 338 U.S. 1, 8, 69 S.Ct. 1434, 1439, 93 L.Ed. 1765 (1949) (<HOLDING>). E. Miscellaneous Damages are to be measured 
 Holding statements: (A) holding that the proper measure of compensation in a temporary taking is the rental value that probably could have been obtained (B) holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market (C) holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure (D) holding that the proper measure of damages to repair defects for a building contract that has not been substantially performed is the contractually agreed upon measure of damages (E) holding that the proper measure of damages was the present value of all unaccrued payments that the plaintiff would have received if the contract had been performed

Output: holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market


Input: Consider Input: the crime of attempt. State v. Martens, 274 Kan. 459, 466, 54 P.3d 960 (2002). We have previously determined that the crime of attempted rape does not require evidence of attempted penetration. State v. Gonzales, 245 Kan. 691, 698, 783 P.2d 1239 (1989). Although the overt act does not have to be the last proximate act in the consummation of the crime, it must be either the first or some subsequent step in a direct movement toward the commission of the crime after the preparations are made. Hedges, 269 Kan. at 905. Mere preparations include “devising or arranging the means or measures necessary” for committing the offense. State v. Garner, 237 Kan. 227, 239, 699 P.2d 468 (1985). It may be enough for the defendant to arrive at the scene where the crime is to occur. 237 Kan. at 238-40 (<HOLDING>). Each case is dependant on its particular 
 Holding statements: (A) holding that the defendant committed an overt act toward the crime of attempted theft when he went to the owners property to prepare the cattle for shipment the next day (B) holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment (C) holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy (D) holding that an overt act may be a verbal statement or a physical act (E) holding the crime of conspiracy is committed or not before the substantive crime begins


Output: holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment