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 Q]: the Society over in Russia when the company began to sell its SMIRNOV vodka there. A pending litigation in a foreign country between essentially the same parties, even one that concerned a slightly different topic, has been found to create a objectively reasonably apprehension of suit. See Ethicon, Inc. v. American Cyanamid Co., 369 F.Supp. 934, 936-37 (D.N.J.1973). Therefore, even though it appears as if the defendants have never directly threatened the plaintiffs with legal action in the United States, the court concludes that the plaintiffs have introduced sufficient evidence to support their claim that they reasonably feared a lawsuit if they attempted to enter the U.S. market. Cf. Simmonds Aerocessories, Ltd. v. Elastic Stop Nut Corp. of America, 257 F.2d 485, 490 (3d Cir.1958) (<HOLDING>). Nevertheless, because the court finds that 
 Holding statements: (A) holding that the declaratory judgment act is a procedural device (B) recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction (C) holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment (D) holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act (E) recognizing that it is not essential for there to be a direct threat of litigation in order to invoke the declaratory judgment act
[EX A]: (E)

[EX Q]: not issue a permit to install” a waste disposal system unless that system “[m]eets all applicable county zoning and land use requirements .... ” Taken together, these provisions indicate a clear intent on the part of the General Assembly to locate environmental permitting with the MDE, and zoning with local government. There is no reasonable way to construe these provisions of the Maryland Code as doing anything other than complementing local government’s role in planning and zoning. If we held otherwise, we would be reading an over-broad preemptive intent into an otherwise clear statutory scheme. MRA’s preemption argument fails because it does not account for the dual nature of this process. See Ad + Soil, Inc. v. County Comm’rs of Queen Anne’s County, 307 Md. 307, 513 A.2d 893 (1986) (<HOLDING>). Preemption Based on Legislative Changes to 
 Holding statements: (A) holding that state court could regulate the practice of law in federal courts located in the state (B) holding that the relevant body of state law did indeed regulate many aspects of sewage sludge utilization but was not so comprehensive that the acceptance of the doctrine of preemption by occupation is compelled (C) holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption (D) recognizing that although there was no property in a dead body at common law  the one whose duty it is to care for the body of the deceased is entitled to possession of the body as it is when death comes and that it is an actionable wrong for another to interfere with that right by withholding the body or mutilating it in any way (E) recognizing that the artful pleading doctrine in practice is subsumed by the complete preemption doctrine
[EX A]: (B)

[EX Q]: with the use of the automobile as an ambulance and thus allowed coverage. We agree with Hisaw that, under the broad interpretation required by our supreme court, there was a causal connection between Struthers’s use of the van and Hisaw’s injuries. But for Struthers’s use and operation of the van in such a manner as to drive it off the road, Hisaw would not have responded to the accident, undertaken his official duties, and ultimately received his injuries. Further, the fact that his injuries were inflicted by the underinsured vehicle itself takes this case out of the realm of those decisions in which the vehicle was the mere situs of an injury that could just as easily have occurred elsewhere. See, e.g., Carter v. Grain Dealers Mut. Ins. Co., 10 Ark. App. 16, 660 S.W.2d 952 (1983) (<HOLDING>). In light of the foregoing, we reverse the 
 Holding statements: (A) holding that the govemment is not liable under the federal tort claims act for injuries to service members where the injuries arise out of or are in the course of activity incident to military service (B) holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle  (C) holding that victims injuries did not arise out of the use of a motor vehicle when the victim received injuries from a gun fired in the vehicle (D) holding that the wcabs decision that an employees motor vehicle accident did not cause his injuries precluded a subsequent tort action on the same issue (E) holding that the united states is immune from monetary damages for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service
[EX A]:
(C)