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: Executone Info. Sys., Inc. v. Davis, 26 F.3d 1314, 1320 (5th Cir.1994))). 17 . See Executone, 26 F.3d at 1320 ("We must sustain an arbitration award even if we disagree with the arbitrator’s interpretation of the underlying contract as long as the arbitrator’s decision 'draws its essence' from the contract.” (internal quotation marks and citation omitted)). 18 . See also Parsons & Whittemore, 744 F.2d at 1483-84 (recounting that the arbitration panel awarded postjudgment interest at state statutory rate). 19 . We construe the parties’ intentions "generously” to determine whether they agreed to arbitrate a particular issue. See Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985). 20 . Cf. Newmont, 615 F.3d at 1272, 1276 (<HOLDING>). 21 . Riebesell, 586 F.3d at 794; 
 Holding statements: (A) holding that court should consider issues relating to making and performance of agreement to arbitrate (B) holding that because the parties agreed to arbitrate and both placed the issue before the arbitrator the issue of consolidation was for the arbitrator (C) holding that because the parties agreed to arbitrate the particular issue any doubt about who should decide the consolidation issue was resolved in favor of the arbitrator (D) holding that companys contention that union repudiated the agreement to arbitrate a particular dispute was a matter for the arbitrator and not the court to decide (E) holding that agreement to arbitrate any dispute arising out of contract authorized arbitrator to decide postjudgment interest issues

A: holding that court should consider issues relating to making and performance of agreement to arbitrate
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Q: 7, and 10), plaintiffs response thereto, and the reply brief of defendants Crozer-Chester Medical Center, Nora Marden, and Joan K. Richards, and for the reasons stated in the accompa nying Memorandum, it is hereby ORDERED that: 1. Defendants’ motions to dismiss are GRANTED; 2. Count I is DISMISSED for failure to state a claim upon which relief may be granted; 3. The Court having declined to exercise its jurisdiction as to the remaining Counts of the complaint, they are DISMISSED WITHOUT PREJUDICE to their reassertion in state court; 4. The petition of defendant James E. Clark to join in the motion of defendants Crozer-Chester Medical Center and Joan K. Richards to dismiss the complaint (docket entry #9) is GRANTED AS UNOPPOSED; 5. The petition of defendant Nora 73 L.Ed.2d 534 (1982) (<HOLDING>). 5 . Even absent Dr. Klavan’s concession on 
 Holding statements: (A) holding that amtrak was a state actor (B) holding that a privately owned nursing home that received ninety percent of its funding from the state and was subject to significant state regulation was nevertheless not a state actor (C) holding that a state agency created under state law was a state actor (D) holding that such a physician was a state actor under  1983 (E) holding that a school was not a state actor even though it had to comply with many state regulations to be eligible for state funding and almost all of its students had been referred to it by the state

A: holding that amtrak was a state actor
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Q: and conclusions contained in the OIPs was in manifest disregard of the law and therefore requires that the award be vacated. It is incorrect. Rule 408 of the Federal Rules of Evidence provides for exclusion of otherwise admissible evidence where: 1) that evidence is of a specific character, namely “of furnishing or offering or promising to furnish, or accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount ... [or] of conduct or statements made in compromise ^negotiations;” and 2) if that evidence is offered “to prove liability for or invalidity of the claim or its amount.” See Fed. R.Evid. 408; see also Starter Corp. v. Converse, Inc., 170 F.3d 286, 293 (2d Cir.1999) (<HOLDING>). First, the discussion and conclusions 
 Holding statements: (A) holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party (B) holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt (C) holding that if governmental entity agrees to settle lawsuit from which it is not immune it cannot claim immunity from suit for breach of settlement agreement (D) holding that rule 408 exclusion does not apply to evidence of a settlement agreement if it is offered for another purpose ie for a purpose other than to prove or disprove the validity of the claims that the agreement was meant to settle (E) holding that where one party had received a written agreement and conformed his conduct to that agreement for an extended period of time but failed to sign the agreement he was equitably estopped from denying the validity of the agreement

A:
holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party
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