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.
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Question: that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was “[p]ushed out the door.” Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim, 
 Holding statements: (A) holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated (B) holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment (C) holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim (D) holding that employees of differing seniority levels were not similarly situated (E) holding that employee who violated a different policy of the store than plaintiff was not similarly situated

Answer: (B)


Question: Salt Lake City Corp. v. Property Tax Div. of Utah State Tax Comm’n, 979 P.2d 346, 351 (Utah 1999) (ruling that continuing denial of a benefit to which a party is entitled provides a basis for standing to obtain judicial review of an administrative rule). The plaintiffs claim that he would be “directly and immediately better off — in the emphatically concrete sense that ... he would have more money in his pocket sooner — if he could obtain relief through the Notice procedure ... without sacrificing a major portion of his claim,” Pl.’s Opp’n at 5, is “[n]o reasonable mind could doubt ... a judicially cognizable injury sufficient to satisfy the injury in fact test for Article III standing,” see Ontario Forest Industries Assoc. v. United States, 444 F.Supp.2d 1309, 1323-24 (CIT 2006) (<HOLDING>) (citing Gen. Motors Corp. v. Tracy, 519 U.S. 
 Holding statements: (A) holding that declaratory judgment requiring party to pay a specific sum of money is properly characterized as a money judgment (B) holding that taking money from a victim offering the money out of fear of violence can be larceny from the person because there is no consent and the money was removed from the actual possession or custody of the person or his immediate pres ence viz the area within his control (C) recognizing that delay of refund deprives plaintiffs of the timevalue of money  and may  deprive plaintiffs of money (D) holding that exhaustion is required under the plra even if the plaintiff seeks only money damages and money damages are not available as relief (E) recognizing that an action will lie for conversion of money when its identification is possible and there is an obligation to deliver the specific money in question or otherwise particularly treat the specific money

Answer: (C)


Question: that a debtor contribute disposable earnings. Therefore, according to Price, equating “ability to pay” with substantial abuse is an impermissible exercise of the court’s equitable powers in violation of the statutory scheme. As neither of these arguments were made to the bankruptcy court, we need not consider them. See Parker v. Comty. First Bank (In re Bakersfield Westar Ambulance, Inc.), 123 F.3d 1243, 1248 (9th Cir.1997). In any event, Price’s argument that the Kelly court assumed individual debtors not engaged in business could not file under chapter 11 assumes the Kelly court would have followed Wamsganz. However, at the time Kelly was decided, authority in this circuit was to the contrary: see Warner v. Universal Guardian Corp. (In re Warner), 30 B.R. 528, 529 (9th Cir. BAP 1983) (<HOLDING>). See also In re Moog, 774 F.2d 1073, 1074 
 Holding statements: (A) holding that an individual debtor not engaged in business is eligible for chapter 11 (B) holding that individual debtors may use chapter 11 to save the family home from foreclosure (C) holding denial of motion to convert from chapter 11 to chapter 7 is interlocutory (D) holding consumer debtors may be eligible for chapter 11 under certain circumstances (E) holding that a wife with a child from a prior relationship was not entitled to use and possession of the family home

Answer:
(B)