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:
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
answer:
holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account


question:
Brown’s argument that she was speaking as a citizen is supported by the fact that ordinary citizens may similarly report public misconduct to the Auditors. See Conn. Gen. Stat. § 4-61dd (conferring right to file reports with Auditors on “any person”). The existence of a civilian analogue to Brown’s conduct strengthens her allegations that her speech was as a citizen and thus protected by the First Amendment. See Matthews I, 779 F.3d at 176. The instant case is not similar to other cases of its type that were dismissed at the motion to dismiss stage. In many of those cases, the plaintiff-employee had made an admission that the alleged speech was made, at least in part, pursuant to his or her official duties. See Matthews v. Lynch, 483 Fed.Appx. 624, 626 (2d Cir. 2012) (Matthews III) (<HOLDING>); Anemone, 629 F.3d at 116. Here, there is no 
 Holding statements: (A) holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel (B) holding that a plaintiff did not complain to the eeoc pursuant to official duties but rather as a citizen (C) holding that pursuant to garcetti plaintiffs speech made in the course of his official duties was unprotected as a matter of law (D) holding that speech was pursuant to official duties because plaintiff conceded at oral argument that as an internal affairs officer he had a broad responsibility to investigate and report police misconduct (E) holding police officer is a public official
answer:
holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel


question:
prohibition,” but rather "viewed the San Diego ordinance as a total ban on billboards because it believed that the ordinance would have the practical effect of eliminating the billboard industry in San Diego and thereby would eliminate billboards as an effective medium of communication.” Rappa, 18 F.3d at 1058. Because of these sharp differences, neither opinion has any controlling precedential force. 11 . We note that the Dimmitt/Metromedia-plu-rality approach is consistent with the prevailing approach among other Circuits. See, e.g., Nat’l Adver. Co. v. Town of Niagara, 942 F.2d 145, 147 (2d Cir.1991) (observing that the Second Circuit "has adopted the plurality decision in Metromedia concerning billboard regulation”); Nat’l Adver. Co. v. Town of Babylon, 900 F.2d 551 (2d Cir.1990) (<HOLDING>); Gilleo v. City of Ladue, 986 F.2d 1180 (8th 
 Holding statements: (A) holding that an ordinance exempting certain signs from a general sign ban was an unconstitutional contentbased restriction on speech (B) holding that prohibiting external illumination of political signs while allowing it for other signs was an unconstitutional contentbased restriction since the message on the sign determines whether or not it may be externally illuminated (C) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (D) holding that restriction on government employee speech was unconstitutionally vague (E) holding that strict scrutiny applies to a prior restraint enforcing a contentbased restriction on speech in a traditional public forum
answer:

holding that prohibiting external illumination of political signs while allowing it for other signs was an unconstitutional contentbased restriction since the message on the sign determines whether or not it may be externally illuminated