TASK DEFINITION: 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.
PROBLEM: 8 . See, e.g., Nolfi v. Ohio Ky. Oil Corp., 675 F.3d 538, 547 (6th Cir.2012); Pacific Dunlop Holdings v. Allen & Co., 993 F.2d 578, 581 (7th Cir.1993); Adena Exploration, Inc. v. Sylvan, 860 F.2d 1242, 1244 (5th Cir.1988); Penturelli, 779 F.2d 160 at 166; Gilbert v. Nixon, 429 F.2d 348, 354 (10th Cir.1970); Shimer v. Webster, 225 A.2d 880, 883 (D.C.1967); Fund of Funds, Ltd. v. Arthur Andersen & Co., 545 F.Supp. 1314, 1346 (S.D.N.Y.1982). 9 . Interpreting the same language, the United States District Court for the Central District of Illinois observed that Congress intended “to specifically include as securities 'only that form of splitting up of mineral interests which had been most utilized for speculative purposes.’ ” Fearneyhough v. McElvain, 598 F.Supp. 905, 907 (C.D.Ill.1984) (<HOLDING>). 1 The Lenau [Appellants] signed the 
 Holding statements: (A) recognizing that it is an unusual challenge to a sale that does not distort the validity of the sale and that the exception likely has meaning only when collateral issues are challenged (B) holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b (C) holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the  instrument (D) holding that the sale of the entire leasehold interest in the oil and gas rights in plaintiffs land does not constitute the sale of a security within the meaning of the 1933 and 1934 acts notwithstanding the fact that the plaintiffs retained an overriding oneeighth 18 royalty interest (E) holding that the amount of water rights appurtenant to the land is the amount that is being used thereon before and at the time of the sale

SOLUTION: (D)

PROBLEM: Id. The district court excluded this portion of the expert’s testimony. Id. at 1397. Relying on Downing, the Third Circuit reversed. Id. at 1401. We agree that expert testimony on eyewitness identification may properly be admitted under Daubert in certain circumstances, but Stevens simply does not persuade us that the district court abused its discretion in the instant case. We note that here there were five eyewitness identifica tions, not one. Likewise, as counsel for the government pointed out at argument, there was also testimony that Mr. Smith changed his alibi. In this admittedly close case, we hold only that the district court did not abuse its discretion in excluding the testimony under the circumstances. See United States v. Blade, 811 F.2d 461, 465 (8th Cir.1987) (<HOLDING>); United States v. Smith, 736 F.2d 1103, 
 Holding statements: (A) holding admissible expert testimony concerning factors that may impair eyewitness identification and rejecting that concerning a particular eyewitness credibility and the statistical probability of eyewitness misidentification (B) holding no abuse of discretion to exclude expert eyewitness identification testimony where governments case relied on more than eyewitness identification (C) holding that the trial court did not err by failing to instruct the jury to consider certain additional factors in evaluating the validity of eyewitness identification testimony (D) holding that a specific instruction was unnecessary because eyewitness was crossexamined and the eyewitness testimony was discussed in defense counsels opening statement (E) holding exclusion of expert eyewitness identification testimony harmless error where governments case included three separate eyewitnesses and a palm print that discredited the defendants alibi

SOLUTION: (B)

PROBLEM: Koonin, argued that the indictment was filed one day too late. Id. The government countered that when “computing the time within which a prosecution may be commenced, the first day counted is the day following that on which the offense was committed.” Id. (emphasis added). The Second Circuit agreed with the government’s argument, noting that”[t]he long-established general rule is that a statute of limitations begins to run on the day following the day on which the event giving rise to the cause of action occurred.” Id. at 901 (citing Burnet v. Willingham Loan & Trust Co., 282 U.S. 437, 439, 51 S.Ct. 185, 75 L.Ed. 448 (1931)). This principle, the Court noted, had been applied in criminal as well as civil cases. Id. See, e.g., United States v. Davis, 533 F.2d 921, 923, 926 (5th Cir.1976) (<HOLDING>) (emphasis added). As Davis illustrated, this 
 Holding statements: (A) holding that government may prove facts outside the overt acts alleged in the indictment (B) holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators (C) recognizing requirement that defendant conspired to commit an overt act in state in furtherance of the conspiracy (D) holding that for an indictment returned on september 5 1974 to be timely the government had to prove that the defendant committed an overt act in furtherance of the conspiracy on or after september 5 1969 (E) holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy

SOLUTION:
(D)