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.

Q: it is not plainly erroneous or inconsistent with the regulation”). B. Whether the FDIC Properly Determined the Amount of Deposit Insurance to Which Plaintiffs Were Entitled under the Regulations Applicable on August 8, 2008 18. The FDIC’s deposit insurance determinations are governed the regulations set forth in 12 C.F.R. Part 330. Regulations governing recognition of deposit ownership and fiduciary relationships note that, except in circumstances not relevant here, when “determining the amount of insurance available to each depositor, the FDIC shall presume that deposited funds are actually owned in the manner indicated on the deposit account records of the insured depository institution.” 12 C.F.R. § 330.5(a)(1). See also Villafane-Neriz v. F.D.I.C., 75 F.3d 727, 731 (1st Cir.1996) (<HOLDING>). “Deposit account records” include “account 
 Holding statements: (A) holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account (B) holding that the fdic is entitled to rely exclusively on the account records of the failed institution and that while ownership under state law is one prerequisite for insurance coverage the deposit account records are controlling (C) holding that when state law prohibited discovery of records of a medical review committee the district court should have determined whether the records came within the statutes coverage and if so whether the right of access nevertheless outweighed the public policy expressed by state law (D) holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate (E) holding that records relating to a student court were not education records

A: holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account
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Q: trial court wide latitude in sentencing...." State v. Bluff 2002 UT 66, ¶ 66, 52 P.3d 1210. "Generally, we review sentencing decisions to determine whether the court exceeded its permitted range of discretion, and we will reverse only if we determine that the trial court has failed to consider all legally relevant factors, or imposed a sentence that exceeds legally prescribed limits." State v. Malaga, 2006 UT App 108, 1 12, 182 P.3d 708 (quotations and citations omitted). ANALYSIS I. Admissibility of Evidence T9 Defendant asserts that the trial court committed plain error when it allowed two witnesses to testify as to the children's credibility in violation of State v. Rimmasch, 775 P.2d 388 (Utah 1989), and rule 608(a)(1) of the Utah Rules of Evidence. See Rim-masch, TIS P.2d at 392 (<HOLDING>); see also Utah R. Evid. 608(a)(1) ("The 
 Holding statements: (A) holding that rule 608a1 bars admission of an experts testimony as to the truthfulness of a witness on a particular occasion (B) holding rule applicable to witness (C) holding plaintiffs waived their right to appellate review of the admission of an experts testimony by failing to object to it at trial (D) holding that even if an experts testimony arguably embraced the ultimate issue such testimony is permissible as long as the experts testimony assists rather than supplants the jurys judgment (E) holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion

A: holding rule applicable to witness
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Q: * * *.”); accord Lynch, supra, 85 N.J. at 71, 424 A.2d 1169 (stating that in some medical-malpractice cases “fault is not implicit in injury”). Although litigants are not noted for an ability dispassionately to appraise both s .Y.S.2d 831 (1968) (applying continuous-representation rule as adaptation of continuous-treatment rule); Wilson v. Econom, 56 Misc.2d 272, 288 N.Y.S.2d 381 (Sup.Ct.1968) (same). In the medical-malpractice context we stated that “it would be inequitable for a physician who has given * * * assurances [of progress towards recovery] to claim that a patient, in relying upon them and not suspecting their falsity or inaccuracy, failed to exercise the ‘reasonable diligence and intelligence’ required by the discovery rule.” Lynch, supra, 85 N.J. at 75, 424 A.2d 1169 (<HOLDING>) The reasoning in Lynch is equally applicable 
 Holding statements: (A) holding testimony of a treating physician is not subject to discovery procedures under the iowa rule governing discovery of experts be cause the treating physicians mental impressions and opinions were not acquired or developed in anticipation of litigation or for trial (B) holding that treating physicians testimony was properly discounted when it was inconsistent with physicians own treatment reports and the record as a whole and appeared to be based on patients subjective complaints (C) holding that treating physicians continued reassurances that a patients pain was part of the healing process prevented discovery (D) holding that where the alj had already  obtained and considered reports from treating physicians the alj had before him a complete medical history and the evidence received from the treating physicians was adequate for him to make a determination as to disability (E) holding that remand was not required and that the aljs failure to mention treating physicians opinion was harmless error because the alj adopted the treating physicians recommendations

A:
holding testimony of a treating physician is not subject to discovery procedures under the iowa rule governing discovery of experts be cause the treating physicians mental impressions and opinions were not acquired or developed in anticipation of litigation or for trial
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