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.

Q: as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, — U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the 
 Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo

A: (D)
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Q: party to file a protest with the contracting agency or to file an action in a district court of the United States or the United States Claims Court.” Venue is proper pursuant to 28 U.S.C. § 1391(e). STANDING The plaintiffs legal standing to appeal the GAO’s decision lies in the Administrative Procedure Act, 5 U.S.C. § 701, et seq.. Section 702 provides that “[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review” thereof. The court finds that the plaintiff, as an unsuccessful bidder, has standing to challenge the agency’s decision to award the contract to a third party. See Choctaw Mfg. Co., Inc. v. United States, 761 F.2d 609, 615-16 (11th Cir.1985) (<HOLDING>). FINDINGS OF FACT The majority of facts are 
 Holding statements: (A) holding that the losing bidder has standing to challenge the award of a government procurement contract (B) holding that if the government is obligated to rebid the contract and the unsuccessful bidder could compete for the contract once again and therefore has an economic interest and standing to challenge the award (C) holding that without a valid reason for cancelling the procurement  the government violated its duty to conduct a fair procurement (D) holding that the definition of procurement under the tucker act is broader than the definition of procurement contract in the fgcaa such that an agency can engage in a procurement process for the purposes of the tucker act even though it is using a cooperative agreement instead of a procurement contract to memorialize the parties agreement (E) holding that city had implied contract with bidder to treat bidder fairly

A: (A)
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Q: however, where the decision is wrong on everything else, this theory is little more than a legal fiction. In my view, affirmance of the trial court here leaves an entity that had virtually nothing to do with the injury potentially liable for the whole verdict, and the real perpetrators of the fraud possibly off the hook. This result is unjust, in my view. Waiver The majority find that Kinko’s has waived any argument regarding negligent supervision because essentially they find the cases defendant cites essentially to be not on point (going to hiring and retention) and unpersuasive. Where the party has offered authority, but the court is ultimately unpersuaded by the cases for whatever reason, in my view, waiver is much too harsh a result. See Welch v. Johnson, 147 Ill. 2d 40, 48 (1992) (<HOLDING>). I think waiver is more appropriately applied 
 Holding statements: (A) recognizing that a defective waiver colloquy as opposed to a defective waiver may be subject to a harmless error analysis (B) holding that scientific hydrographic judgment and purely scientific considerations do not involve policy considerations and are not protected by the discretionary function exception (C) holding that the decision not to remove materials during canal construction was based not on policy judgments but on technical scientific engineering considerations and thus is not susceptible to policy considerations (D) holding that there were no public policy considerations to prevent a diving school from limiting liability for its own negligence (E) holding that a reviewing court may in furtherance of its responsibility to provide a just result override considerations of waiver

A:
(E)
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