instruction:
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.
question:
resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata
answer:
holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii


question:
that subsequent extraneous offenses are admissible to show a defendant’s intent as to an earlier offense. See U.S. v. Germosen, 139 F.3d 120, 128 (2nd Cir.1998) (upholding admission of subsequent act under Federal Rule of Evidence 404(b) to show intent regarding charged offense and holding, “[t]he fact that the evidence involved a subsequent rather than prior act is of no moment”); U.S. v. Latney, 108 F.3d 1446, 1449 (D.C.Cir.) (construing Federal Rule of Evidence 404(b) and holding that it “draws no distinction b Austin 1990, no pet.) (same). Accordingly, we hold that the trial court did not abuse its discretion by rejecting Russell’s contention that the Vogt Street offense was not admissible simply because it occurred after the Fast Freddy’s offense. Cf. Montgomery, 810 S.W.2d at 380 (<HOLDING>). Although, based on the authorities cited by 
 Holding statements: (A) holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court (B) recognizing that an appellate court reviews a trial courts decision whether or not to grant equitable relief only for an abuse of discretion (C) holding failure to exercise discretion is abuse of discretion (D) holding not an abuse of discretion to deny funds (E) recognizing that an abuse of discretion occurs when the trial court acts without reference to any guiding principles or rules
answer:
holding that the grant of an injunction is reviewed for abuse of discretion but without deference to the legal conclusions of the trial court


question:
at 1459-60 (references to subsidiary as “division” of Kodak not equivalent to evidence that two companies operated as “single economic entity”); Akzona, 607 F.Supp. at 238 (language of annual report and employee testimony describing subsidiaries as divisions of parent not sufficient, even in conjunction with other evidence, to establish alter ego relationship). ... In a case presenting similar questions, the Ninth Circuit found no alter ego relationship was created where the parent company guaranteed loans for the subsidiary, reviewed and approved major decisions, placed several of its directors on the subsidiary’s board, and was closely involved in the subsidiary’s pricing decisions. Kramer Motors, Inc. v. British Leyland, Ltd., 628 F.2d 1175, 1177 (9th Cir.1980).... Id. at 927-928 (<HOLDING>). Here, plaintiffs proffer evidence that CNOFG 
 Holding statements: (A) holding that the general corporate laws are incorporated into the corporate charter (B) holding that to establish that subsidiary is agent of parent for jurisdictional purposes the parent must exert control that is so pervasive and continual that the subsidiary may be considered an agent or instrumentality of the parent notwithstanding the maintenance of corporate formalities (C) holding that because the corporate parent and subsidiary defendants before it observed all of the corporate formalities necessary to maintain corporate separateness notwithstanding the parents active involvement in the subsidiaries operations the evidence did not establish that the entities were alter egos of one another (D) holding constitutional due process requires that personal jurisdiction cannot be premised on corporate affiliation or stock ownership alone where corporate formalities are substantially observed and the parent does not exercise an usually high degree of control over the subsidiary (E) holding that under north carolina law a corporate parent cannot be held liable for the acts of its subsidiary unless the corporate structure is a sham
answer:

holding that the general corporate laws are incorporated into the corporate charter