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.

Example Input: of the statute, the FDA’s regulations, the FDA’s internal interpretation, and precedent all demonstrate that a sterilizer for dental hand-pieces is a “device” as that term is defined in 21 U.S.C. § 321(h). That being so, both SteriSafe and its accessory SteriDot are within the jurisdiction of the FFDCA. Defendant nevertheless posits three reasons why SteriSafe and SteriDot are not devices. First, defendant argues that the government failed to prove that dental handpieces transmit disease and, thus, that SteriSafe actually prevents disease. Such proof is not required. Congress had two purposes in enacting' the FFDCA: (1) to regulate products that actually prevent disease, and (2) to regulate products that falsely claim that they prevent disease. Because of those d 1006 (9th Cir.1952) (<HOLDING>). Defendant next argues that the Steri-Safe is 
 Holding statements: (A) holding that because the doctor who submitted an expert report did not demonstrate knowledge of cancer treatment he was not qualified to offer an opinion that an earlier diagnosis could have produced a better outcome for the plaintiff (B) holding that a machine that allegedly eliminated lumps from womens breasts was governed by the ffdca even though expert witnesses expressed the unanimous belief that appellants instruments are useless for diagnosis or treatment of any human ailment (C) holding the expert witnesses were protected by witness immunity to ensure expert objectivity (D) holding in a case where there was no evidence that the expert was incompetent or that the petitioners lawyers had any reason to question the experts professional qualifications that it was objectively reasonable for  trial counsel to rely upon the experts diagnosis (E) holding that the admissibility of expert testimony was governed by state law
Example Output: (B)

Example Input: CBL claim that if the merger is effected, the public will be harmed because Sparrow Hospital will no longer provide late re at the incipiency and block the merger. This court does not find irreparable injury will result from not enjoining the merger because this court sees a very minimal probability that a divestiture would ever be warranted in the future. For reasons that will be explained infra, this court is of the opinion that plaintiffs are not likely to succeed on the merits. Also, plaintiffs claim that if the merger is not enjoined they may lose standing to challenge it, thereby suffering irreparable harm. This court finds no merit in this contention. In making this argument, plaintiffs rely on the case of Arrow-Hart & Hegeman Electric 477, 97 S.Ct. 690, 50 L.Ed.2d 701 (1977) (<HOLDING>). For instance, as described above, GLASCCO and 
 Holding statements: (A) holding that an antitrust injury is a necessary element of a  2 claim (B) holding that plaintiff must show antitrust injury meaning injury of the type the antitrust laws were intended to prevent and which flows from defendants unlawful acts (C) holding that an activity which is exempt from the antitrust laws cannot form the basis of an antitrust investigation (D) holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing (E) holding that a plaintiff must show antitrust injury in order to bring an antitrust lawsuit
Example Output: (E)

Example Input: decision not to perform an act or on its failure to make a decision on the performance or nonperformance of an act if the law leaves the performance or nonperformance of the act to the discretion of the governmental unit"); Utah Code Ann. § 63-30-10(1) (Supp.2001) (immunity for discretionary functions); Vt. Stat. Ann. tit. 12, § 5601(e)(1) (Supp.2001) (immunity for discretionary functions); see also United States v. Varig Airlines, 467 U.S. 797, 814, 104 S.Ct. 2755, 81 L.Ed.2d 660 (1984) (explaining that in enacting 28 U.S.C. § 2680(a) "Congress wished to prevent judicial 'second guessing' of legislative and administrative decisions grounded in social, economic, and political policy through the medium of an action in tort" and that therefore, "decisions requir[ing] the agency to est (<HOLDING>); Baum v. United States, 986 F.2d 716, 724 (4th 
 Holding statements: (A) holding that a municipal corporation was forbidden to construct an auditorium in a park as such construction would practically destroy the lot as a park and convert its use into a public square (B) holding that park services decision not to repave a particular section of road was within discretionary function exception because this section was thirtythird on a maintenance priority list of eighty sections of park road and determining the appropriate course of action would require balancing factors such as beach drives overall purpose the allocation of funds among significant project demands the safety of drivers and other park visitors and the inconvenience of repairs as compared to the risk of safety hazards (C) holding that national park services choice not to repair or improve structures adjacent to a road came within discretionary function exception because the need for such repairs existed on nearly all road sections in the park and therefore given its restricted budget the service was forced to determine priorities and repair the more urgent problems first (D) holding a park rangers decision to terminate an arrest falls within the discretionary function exception to the ftca because such decision was the classic example of conduct grounded in policy (E) holding that a civic center building or recreational building on property dedicated to the city as park property was inconsistent with its use as a park
Example Output:
(B)