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.

Ex Input:
would, in general, slow down the dispute resolution process.” Id. at 946, 115 S.Ct. 1920. Moreover, it was rejected as “legally erroneous,” for the “basic objective in this area is not to resolve disputes in the quickest manner possible, no matter what the parties’ wishes, but to ensure that commercial arbitration agreements, like other contracts, are enforced according to their terms and according to the intentions of the parties.” Id. at 946, 115 S.Ct. 1920. C. In This Case, The Question Of Arbitrability Is For The Court The second question is whether the power to determine arbitrability resides with the court or the AAA Panel. The answer turns upon what the parties agreed to about that question in the Merger Agreement. First Option 543, 546-547, 84 S.Ct. 909, 11 L.Ed.2d 898 (1964)(<HOLDING>). Similarly, a disagreement about whether an 
 Holding statements: (A) holding that a court should decide whether an arbitration agreement survived a corporate merger and bound the resulting corporation (B) holding that a court should decide whether the arbitration contract bound parties who did not sign the agreement (C) holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement (D) holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived (E) holding that a gateway dispute about whether the parties are bound by a given arbitration clause raises a question of arbitrability for a court to decide

Ex Output:
(A)


Ex Input:
fees for tax years 1995 through 1999, the parties stipulated that judgment was sought against Connie Ogg in rem only. 3 . Although it has been amended several times since its enactment in 1985, section 33.011 has always provided a process for a taxpayer to request a waiver of penalties and interest if the act or omission of an officer, employee, or agent of the appraisal district or taxing unit caused or resulted in the taxpayer’s failure to pay the tax before delinquency. See Tex. Tax Code Ann. § 33.011 (Vernon 2001). Here, the trial court stated in a finding of fact that the Oggs did not request a waiver of penalties or interest pursuant to section 33.011. The parties do not challenge that particular finding of fact. See McGalliard v. Kuhlmann, 722 S.W.2d 694, 696 (Tex.1986) (<HOLDING>). 4 . Act of May 24, 1979, 66th Leg., R.S., ch. 
 Holding statements: (A) holding unchallenged findings of fact are binding unless contrary is established as matter of law or there is no evidence to support finding (B) holding that unless an affirmative defense is established as matter of law defendant bears burden of obtaining jury findings necessary to support defense (C) holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings (D) holding that judgment on the pleadings will not be granted unless the movant clearly establishes that there are no material issues of fact and that he or she is entitled to judgment as a matter of law (E) holding that motion to dismiss should not  be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law

Ex Output:
(A)


Ex Input:
in failing to determine Amresco did not have a reasonable turnaround plan. In addition, as the district court stated, general allegations that Deloitte was somehow involved in the Duke & Long loan do not establish Deloitte’s liability, just as the allegations fail to establish liability for the Individual Defendants. D. Finally, Plaintiffs maintain that, even if their SAC was properly dismissed, they should have been granted leave to amend (to permit a fourth try). The district court did not abuse its discretion in not permitting another amended complaint. Leave to amend should be freely granted when justice requires. Fed.R.Civ.P. 15(a). District courts, however, have discretion to manage their docket. Schiller v. Physicians Res. Group, Inc., 342 F.3d 563, 566 (5th Cir.2003) (<HOLDING>). Accordingly, although a district court’s 
 Holding statements: (A) holding that district court did not abuse its discretion in denying a motion to withdraw guilty plea filed three weeks after entering the plea (B) holding no abuse of discretion after plaintiff had three opportunities to correct any deficiencies in its complaint (C) holding no abuse of discretion where plaintiffs failed multiple times to correct deficiencies in complaint and failed to show couh how they would correct them in a future filing (D) holding that the district court did not abuse its discretion in denying leave to file a third amended complaint where the plaintiff had already been given opportunities to amend and did not indicate what additional facts he could plead to correct the deficiencies in his complaint (E) holding failure to exercise discretion is abuse of discretion

Ex Output:

(B)