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: or creating documents with mistakes on them and signing my name to them to make me appear as if I had been inaccurate .... ” Paragraph 25: The sentence “I confidentially complained about this behavior to Bruce Smith, who, instead of taking action to prevent Burchfield from continuing her pattern of behavior toward me, apparently told Burchfield to counsel me.” Paragraph 32: The sentence “I believe that this move was the beginning point of a concerted effort to remove me from the workplace based on my age.” Paragraph 36: The sentence “I believe that Albertson’s did not provide all of the time sheets from all vendors of temporary help.” Paragraph 37: The sentence “I believe that my combination of formal college education and experience, even though I did not obtain a co h Cir.1983) (<HOLDING>). With respect to paragraphs 22, 28, 34, 39, 
 Holding statements: (A) holding a single conversation to be sufficient evidence of dissolution to preclude summary judgment (B) holding that mere conclusion of affiant without some supporting facts are insufficient to raise fact issue necessary to preclude summary judgment (C) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (D) recognizing that the plaintiffs mere assertions that the defendant had a discriminatory intent were inadequate without substantial factual evidence to raise an issue to preclude summary judgment (E) 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
Example Output: (D)

Example Input: policy, (DE 50, pg. 35), count 6 of the amended complaint is a claim for rescission of the life insurance policies based on “the brokers” fraudulent actions allegedly committed in violation of the brokerage agreements. (DE 50, pg. 33-34). This Court therefore RECOMMENDS that the District Court GRANT the Mo tion to Compel Arbitration as to Defendants Richardson and LBEG. See Provident Bank, 141 F.Supp.2d at 313-314 (granting motion to compel arbitration of claims including fraud, breach of fiduciary-duty, negligence, and rescission where arbitration clause provided that all disputes ‘arising out of the agreement were to be settled by arbitration, and because all the claims arose out of alleged breaches of duty imposed by the parties’ loan agreement); Sease, 697 F.Supp. at 1192-1193 (<HOLDING>) (citing Shearson Hayden Stone, Inc., 671 F.2d 
 Holding statements: (A) holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy  arising out of or relating to this agreement breach thereof or any aecounts   (B) holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement (C) holding that a clause covering any controversy or claim  related directly or indirectly to this agreement was a broad arbitration clause (D) holding that a clause requiring arbitration of any controversy or claim that shall arise out of this agreement or the breach thereof was sufficiently broad to cover a 1934 securities act claim involving fraudulent misrepresentation (E) holding that the language of the arbitration clause   any controversy or claim arising out of     was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract
Example Output: (A)

Example Input: total amount of forged cheeks deposited by Wade and her codefendants. Wade argued that each codefendant engaged in separate transactions and that United S iew Wade’s ultimate sentence for reasonableness. Id. We reject Wade’s challenge to the district court’s use of the preponderance of the evidence standard. We have previously determined that “the remedial opinion in Booker held that such judicial fact-finding [by the preponderance of the evidence] for sentencing purposes does not violate the Sixth Amendment when made as part of an advisory Guidelines regime.” United States v. Vaughn, 410 F.3d 1002, 1004 (8th Cir.2005), cert, denied, — U.S. -, 126 S.Ct. 1103, — L.Ed.2d -, 2006 WL 37911 (2005). See also United States v. Patient Transfer Service, Inc., 413 F.3d 734, 745 (8th Cir.2005) (<HOLDING>). The district court properly applied the 
 Holding statements: (A) recognizing the supreme courts holding in ferber (B) recognizing that the supreme court maintained the trial courts fact finding authority without setting a new standard in booker (C) holding that when court applies the clearly erroneous standard court may not reverse boards finding of fact if after court reviews the record in its entirety the finding is supported by a plausible basis (D) holding that the supreme courts proper scope of review of a trial courts decision in a trial de novo of an assessment matter is whether the decision of the trial court was clearly erroneous (E) holding that district court opinion which cites controlling authority that is pending review in florida supreme court allows supreme court to exercise jurisdiction
Example Output:
(B)