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: of benefits in 1989 established a "pattern” of benefit increases such that the Plan's later rescission of the 1999 Benefits Increase, which was adopted ten years after the 1989 increase, violated the anti-cutback rule. We find this argument to be without merit as a matter of law. 18 . Thornton also alleges that the Board breached its fiduciary duty by favoring one class of Plan participants over another class, specifically by eliminating the 1999 Benefits Increase for pre-February 1, 1999 retirees while maintaining it for Plan participants retiring on or after that date. Thornton waived this argument on appeal, however, by waiting until his reply brief to address the issue, rather than raising it first in his opening brief. United States v. Perkins, 994 F.2d 1184, 1191 (6th Cir.1993) (<HOLDING>). 19 . 29 U.S.C. § 1132(a) states in relevant 
 Holding statements: (A) holding that arguments raised for the first time in a reply brief are forfeited (B) holding that an argument raised for the first time in a reply brief is waived (C) holding that issue raised for the first time in reply brief was waived (D) holding issues raised for the first time in a reply brief are not properly before this court (E) holding that issues not raised before the district court cannot be raised for the first time before this court

Output: holding that arguments raised for the first time in a reply brief are forfeited


Input: Consider Input: this suit ... was a necessary incident to the attorney’s effort to establish [the defendants’ claim].” Id. Unlike Bosurgi, however, the plaintiffs allegations provide no “basis for an inference” that CARCO conferred authority on Steele to receive service. Cf. Santos v. State Farm Fire and Casualty Co., 902 F.2d 1092,1094 (2d Cir.1990) (noting that service on defendant State Farm’s attorneys was improper where the plaintiff offered “no basis for an inference that State Farm had authorized its attorneys to accept service of process”). Accordingly, the court determines that the plaintiff has not shown that Steel was an agent of CARCO for service and that the plaintiffs service on CARCO was therefore deficient. United States v. Ziegler Bolt and Parts Co., Ill F.3d 878, 881 (Fed.Cir.1997) (<HOLDING>); J. and L. Parking Corp. Inc. v. United 
 Holding statements: (A) holding that even where an attorney exercises broad powers to represent a client in litigation these powers of representation alone do not create a specific authority to receive service (B) recognizing a state agencys powers are limited to 1 (C) recognizing separation of powers doctrine (D) holding that states grant of general corporate powers to hospital authorities does not include permission to use those powers anticompetitively (E) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client

Output: recognizing a state agencys powers are limited to 1


Input: Consider Input: case from the Southern District of New York that holds that the fact tha ay or may not have out-of-state origins does not demonstrate that Plaintiff was engaged in interstate commerce. Supreme Court precedent has distinguished employees who handle goods for a wholesaler and move these goods interstate from those who handle goods after an employer acquires the goods for local disposition. See McLeod, 319 U.S. at 493, 63 S.Ct. 1248. While the FLSA provides protections for the former group, it may not for the latter. Id.; accord Thorne, at 1267, 2006 WL 1228863, at *3 (“When goods reach the customer for whom they were intended, the interstate journey ends and employees engaged in any further intra state movement of the goods are not covered under the Act”); Xelo, 2005 WL 2385724, at *4 (<HOLDING>). Even Plaintiff concedes that any goods she 
 Holding statements: (A) holding that individual coverage is established if a substantial part of an employees activities related to goods whose movement in the channels of interstate commerce was established by the test we have described he is covered by the flsa (B) holding that maintenance workers in a building that did produce goods for interstate commerce were covered under the flsa (C) recognizing that interpreting the flsa to apply to a handler of any good which has moved interstate would negate the significance of the clause and ignore the intent of congress to create a distinction between certain workers whose activities were covered by the flsa and others whose activities were not (D) recognizing the substantial body of case law discussing distinction between preliminary and postliminary activities on the one hand and principle activities of employment on the other (E) holding under flsa


Output: holding that individual coverage is established if a substantial part of an employees activities related to goods whose movement in the channels of interstate commerce was established by the test we have described he is covered by the flsa