instruction:
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.
question:
CURIAM: Michael Disch appeals his convictions for mailing threatening communication, in violation of 18 U.S.C. § 876(c), and making false statements to an FBI agent, in violation of 18 U.S.C. § 1001. Disch argues that the district court judge was required to recuse himself sua sponte under 28 U.S.C. § 455(a) and § 455(b). Ordinarily, we review a judge’s decision not to recuse himself under § 455(a) and § 455(b) for an abuse of discretion. United States v. Bailey, 175 F.3d 966, 968 (11th Cir.1999); see also Parker v. Connors Steel Co., 855 F.2d 1510, 1527-28 (11th Cir.1988) (<HOLDING>). However, when a defendant fails to seek 
 Holding statements: (A) holding that a confrontation clause violation constituted harmless error (B) holding that a  455b violation is subject to harmless error review (C) holding that violation of rule 16 in that case was not harmless error (D) holding that confrontation clause violations are subject to harmless error review (E) holding that the omission of an element is subject to harmless error analysis
answer:
holding that a confrontation clause violation constituted harmless error


question:
reimbursement decisions to be made on an ad hoc basis. Id. at 549. Of note here, we explained that “even if the Commission had promulgated fee guidelines, the provider would not have a statutory right or privilege to be paid the amount set out in the guideline.” Id. According to East Side, Vista is, likewise, neither entitled to a fee guideline nor entitled to any set amount of reimbursement. See id. Given that no specific reimbursement amount is required, even where the Division has established fee guidelines, and that the Division can reason ng statute and rule as whole to find broad definition of “prohibited activities” and absence of definition for “market power” as providing constitutionally permissible notice of type of prohibited conduct contemplated); Tinning, 875 S.W.2d at 409 (<HOLDING>). The language in these cases, similar to 
 Holding statements: (A) holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance (B) holding term share legal fees although not expressly defined provides adequate notices of type of conduct it would include (C) holding that when a term is defined in the statute it need not be further alleged in the indictment (D) holding that although term was not limited by the specification it was expressly defined in a narrow manner in the prosecution history (E) holding that the statute was ambiguous because it provides no definition of the term violation and provides no specific direction as to the proper unit of prosecution
answer:
holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance


question:
3105, *2 (N.D.Ill.1985) (recognizing an exception to the general rule precluding shareholder suits for injuries to the corporation where there is a special duty, such as a contractual duty, between the wrongdoer and the shareholder, but holding that, under Illinois law, where plaintiff’s complaint alleges dissipation of stock due to mismanagement of the corporation, the real harm is to the corporation, not the plaintiff); Cunningham v. Kartridg Pak Co., 332 N.W.2d 881, 883 (Iowa 1983) ("In order to bring an individual cause of action for direct injuries a shareholder must show that the third-party owed him a special duty or that he suffered an injury separate and distinct from that suffered by the other shareholders.”). 2 . See Anderson v. United States, 344 F.3d 1343, (Fed.Cir.2003) (<HOLDING>); see also Holland v. United States, 63 Fed.Cl. 
 Holding statements: (A) holding that standing to sue under a contract requires plaintiff to be in privity or be an intended thirdparty beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that beneficiaries of a trust that signed an agreement with the fhlbb were not in privity or have thirdparty beneficiary status because the government did not make any promises expressly intended to benefit them (D) holding that the governments cooperation with a thirdparty is not sufficient to establish a thirdparty beneficiary relationship (E) holding that in order for a plaintiff to file suit against the government on a contract claim in the court of federal claims a plaintiff must have either direct privity or thirdparty beneficiary status
answer:

holding that standing to sue under a contract requires plaintiff to be in privity or be an intended thirdparty beneficiary