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: federal courts intervene in the matter. The argument is unavailing, however, where the pending question is whether the Board’s proceedings constitute an effort by the state to impose its regulatory authority in a field preempted by Congress. See Association of Int’l Auto. Mfrs., Inc. v. Commissioner, Massachusetts Dep’t of Envtl. Protection, 208 F.3d 1, 2000 WL 298563, at *3 (1st Cir. March 27, 2000)(finding that the court’s initial invocation of the primary jurisdiction doctrine was unwise where “the ultimate legal determination of whether the Massachusetts regulations are preempted by the [federal Clean Air Act] is a question of federal preemption law for the courts alone to decide”); Volkswagen de Puerto Rico, Inc. v. Puerto Rico Labor Relations Bd., 454 F.2d 38, 41 (1st Cir.1972)(<HOLDING>). The state defendants also move to dismiss 
 Holding statements: (A) holding that the plaintiff must exhaust her administrative remedies and it does not matter that the plaintiff was using state law as the vehicle to press her assertion (B) holding that plaintiff was not required to exhaust its administrative remedies before the puerto rico labor relations board before invoking the jurisdiction of the federal courts to determine whether the boards assertion of jurisdiction was proper (C) recognizing the general rule that parties must exhaust prescribed administrative remedies before seeking relief from federal courts  (D) holding that plaintiff could not present his erisa estoppel claim to the district court because he did not properly exhaust it before the administrative review board (E) holding that federal prisoners need not exhaust their administrative remedies before filing suit in federal court
Example Output: (B)

Example Input: an interpretation of section 85.321 that would make any party who holds a mineral interest indefinitely liable to all subsequent interest holders for prior alleged damage to the land. The consequences of such an interpretation run contrary to the legislative intent to protect and encourage the development of Texas natural resources. See Tex. Const. art. XVI, § 59. We are mindful of the consequences of a particular construction. See Tex. Gov’t Code § 311.023(5); McIntyre, 109 S.W.3d at 745. Absent a legislative enactment clearly abrogating the common law, we conclude that Emerald does not have standing as a subsequent lessee to pursue a claim under section 85.321 for Exxon’s alleged wrongful actions as a prior lessee. See, e.g., Tooke v. City of Mexia, 197 S.W.3d 325, 342-43 (Tex.2006) (<HOLDING>). C. Negligence Per Se Because our holding that 
 Holding statements: (A) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law (B) holding that tex loc govt code  51075 abrogated city of texarkana v city of new boston 141 sw3d 778 texapptexarkana 2004 (C) holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract (D) holding that the city of boston was acting as a market participant when it contracted for public works construction (E) holding that distribution of catalogs to city addresses constituted use within city subject to taxation under municipal code provision
Example Output: (B)

Example Input: policy of encouraging people to take reasonable care for their own safety precludes imposing a duty on the possessor of land to make ordinary steps ‘foolproof.’” Bertrand, 537 N.W.2d at 189. D. Cudney also raises a new argument on appeal. She claims that the Tort Reform Act of 1995 abolished the open and obvious danger doctrine. We need not consider an argument raised for the first time on appeal. GenCorp, Inc. v. American Int’l Underwriters, 178 F.3d 804, 817 (6th Cir.1999). In any event, we note that the Michigan courts have continued to apply the doctrine, see, e.g., Millikin, supra, and we assume that the Michigan Legislature was aware of the doctrine when it promulgated the Tort Reform Act. See Dick v. Dick, 210 Mich.App. 576, 534 N.W.2d 185, 190 (per curiam) (Mich.Ct.App.1995) (<HOLDING>). III. For all the foregoing reasons, the 
 Holding statements: (A) holding that the courts will not read language into a statute where it would result in an enlargement of the statute by the court so that what was omitted  may be included within its scope (B) recognizing common law privileges (C) holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest (D) recognizing obligation to read the language of the statute in light of previously established common law (E) holding that determination of interests conveyed in nineteenthcentury transfers requires a close examination of the conveying instruments read in light of the common law and statutes of vermont then in effect
Example Output:
(D)