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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Example Input: WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts 
 Holding statements: (A) holding that the appellant waived an argument listed only in his summary of the argument (B) holding that a party in a habeas case waives an argument by failing to raise it before the district court (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
Example Output: (D)

Example Input: the question of competency of counsel. Balanced against this is the possibility, in most instances quite l’emote, that an experienced member of the public defender’s staff might labor under a conflict of interest because another member of the staff was so burdened. People v. Robinson, 79 Ill.2d 147, 37 Ill.Dec. 267, 402 N.E.2d 157, 162 (1979). These two considerations outweigh any possible chilling effect on attorney client relationships at OPD. See also, Bolin v. State, 137 P.3d 136, 145 (Wyo.2006) (stating that, although conflicts involving associates at a private firm are imputed to entire firm, public defenders office “warrants slightly different treatment[,]” and adopting a ease by case analysis); cf. People v. Daniels, 52 Cal.3d 815, 277 Cal.Rptr. 122, 802 P.2d 906, 915 (1990) (<HOLDING>); People v. Banks, 121 Ill.2d 36, 117 Ill.Dec. 
 Holding statements: (A) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public (B) holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice (C) holding designated counsel acting on behalf of the office of public defender in law guardian program to be public employees for purpose of the new jersey tort claims act njsa 5911 to 123 and therefore entitled to indemnification by the state (D) holding that public defender did not face conflict requiring withdrawal when bringing collateral attack of a defendants conviction public defender was required to attack competence of previous public defender and stating that automatic disqualification  would hamper the ability of public defenders offices to represent indigents in criminal cases (E) holding a federal public defender is not a federal officer for purposes of a bivenstype action
Example Output: (D)

Example Input: to obtain a certificate from the architect, the court of appeals stated, “We find in this case that the issuance of the architect's certificate was merely another method of assuring final completion.” Id. We find Uhlir distinguishable from the facts of this case because TA’s requirement of an all-bills-paid affidavit was meant to avoid the potential of being subject to double liability, not a part of the contract related to completing the construction. 4 . Jurisdictions that have addressed the issue have concluded that where parties contract for literal compliance of the contract, substantial performance does not excuse failure to comply with those express conditions. See, e.g., Hardin, Rodriguez & Boivin Anesthesiologists, Ltd. v. Paradigm Ins. Co., 962 F.2d 628, 636 (7th Cir.1992) (<HOLDING>); DeValk Lincoln Mercury, Inc. v. Ford Motor 
 Holding statements: (A) holding that where a party has insisted on strict compliance with the contracts terms the doctrine of substantial performance does not apply (B) holding that substantial compliance with notice is sufficient (C) holding that the substantial compliance doctrine did not apply when a fiduciary failed to issue a timely decision on claimants appeal (D) recognizing that the government generally has the right to insist on performance in strict compliance with the contract specifications (E) holding that strict compliance is not required
Example Output:
(A)