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.

Q: face,” id. at 61, 90 S.Ct. 1555, it held that the exception for any portrayal that “does not tend to discredit [the] armed force[s]” impermissibly restricted expression on the basis of viewpoint. See id. at 62-63, 90 S.Ct. 1555. Here, as in Schacht, defendants may be constitutionally permitted to prohibit all fraternal organizations from marching in uniform. But it does not follow from this premise that defendants have the seemingly lesser included authority to ban only some organizations from marching in uniform. Under Schacht, and under other Supreme Court cases involving selective prohibitions on expression, defendants’ selectivity must itself pass constitutional muster. Cf. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 425-28, 113 S.Ct. 1505, 123 L.Ed.2d 99 (1993) (<HOLDING>); Carey v. Brown, 447 U.S. 455, 465, 100 S.Ct. 
 Holding statements: (A) holding that cincinnati could not ban commercial newsracks from public property while allowing noncommercial newsracks even if  the city might entirely prohibit the use of newsracks on public property (B) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (C) holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property (D) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (E) holding not only does cincinnatis categorical ban on commercial newsracks place too much importance on the distinction between commercial and noncommercial speech but in this case the distinction bears no relationship whatsoever to the particular interests that the city has asserted

A: holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content
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Q: such equitable relief as may be appropriate. 29 U.S.C. § 2617(a)(1). A. Serious Health Condition Wells Fargo first argues that Vincent did not suffer a “serious health condition” as that term is defined by the FMLA. The parties agree that the Court should examine the regulations implementing the FMLA in order to determine whether Vincent suffered from a serious health condition. The parties disagree, however, as to whether the interim regulations or the final regulations, which became effective on April 6, 1995, should be used by the Court in arriving at its determination. The Court finds that the interim regulations which were in effect in January of 1995, the time of Vincent’s termination, govern this action. See Gay v. Gilman Paper Company, 125 F.3d 1432, 1434 n. 4 (11th Cir.1997) (<HOLDING>). Having resolved the dispute as to which set 
 Holding statements: (A) holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it (B) holding that as the court has made clear in several recent decisions a claim that the application of government regulations effects a taking of a property interest is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue (C) holding that the interim regulations governed a dispute in which the serious health condition and subsequent termination occurred prior to april 6 1995 the effective date of the final regulations (D) holding that iiriras effective date is april 1 1997 (E) holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996

A: holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it
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Q: question as it relates to court-awarded attorney fees. Thus, State Personnel Board is not controlling here. A division of this court has held that an award granting attorney fees, but not determining the amount, is not a final judgment. Axtell v. Park School District R-3, 962 P.2d 319 (Colo.App.1998). This holding is consistent with well-settled law that a judgment assessing liability without determining damages is not a final order. Har ding Glass Co. v. Jones, 640 P.2d 1123 (Colo.1982); Hyman & Co. v. Velsicol Corp., 119 Colo. 121, 201 P.2d 380 (1948); Ball Corp. v. Loran, 42 Colo.App. 501, 596 P.2d 412 (1979). Axtell is also supported by considerations of judicial economy, because its holding prevents piecemeal appeals See Feiger, Collison & Killmer v. Jones, 926 P2d 1244 (Colo.1996)(<HOLDING>). Both parties urge us to consider the order 
 Holding statements: (A) recognizing that orders denying motions to reopen are treated as final orders of removal (B) holding that orders remanding an action to a federal agency are generally not considered final appealable orders (C) holding that orders denying summary judgment are not appealable based in part on the avoidance of piecemeal appeals (D) holding that remand orders are also appealable orders under 28 usc  1291 (E) holding an order denying a motion for summary judgment is interlocutory and not appealable

A:
recognizing that orders denying motions to reopen are treated as final orders of removal
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