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.

give several reasons for their decision to terminate the plaintiff; namely, that he was over-extended, refused to delegate work, failed to share information, had poor people management skills, and treated 010 employees in an abusive manner. As the “proverbial straw that broke the camel’s back,” defendants also point to, and plaintiff concedes, his use of profanities and abusive language during the phone conversation with Clark. (Doc. 41 at 25.) Defendants were concerned that plaintiffs behavior would result in a lawsuit by Clark or potentially lawsuits by other employees. An employee’s inappropriate behavior toward other employees is a legitimate business reason for termination in the context of a close corporation. See Priebe v. O’Malley, 89 Ohio App.3d 8, 12, 623 N.E.2d 573 (1993) (<HOLDING>). The record demonstrates that defendants acted 
 Holding statements: (A) holding that unless a shareholder can show personal cause of action and personal injury claims for fraud and breach of fiduciary duty belong to the corporation and not the shareholder (B) holding that shareholder could not prevail on breachoffiduciaryduty claim against other shareholder because alleged mishandling of funds did not result in any injury to the corporation (C) holding that majority shareholders had legitimate business reasons for terminating a shareholder which included the reason that the shareholder was not working well with other employees (D) holding that sole shareholder could recover on behalf of company but not in individual capacity for former shareholder and officers misappropriation of corporate assets (E) holding that corporate officer and majority shareholder could be held liable for acting in a manner that served his interests at the expense of the other shareholders because his interests and the corporations were not necessarily aligned
(C)

its delivery and acceptance are in compliance with the applicable laws and rules governing filings.” Artuz v. Bennett, 531 U.S. 4, 8, 121 S.Ct. 361, 148 L.Ed.2d 213 (2000). A properly filed application is “one submitted ac cording to the state’s procedural requirements, such as the rules governing the time and place of filing.” Lovasz v. Vaughn, 134 F.3d 146, 148 (3d Cir.1998). As described above, Petitioner initiated several state postconviction proceedings which, if properly filed, could toll the one-year period of limitation. The first of these was a motion for reduction of sentence filed and denied on October 8, 1996. This motion was pending until November 7, 1996, when the thirty-day period for filing a timely appeal expired. See Swartz v. Meyers, 204 F.3d 417, 422 (3d Cir.2000)(<HOLDING>). The Court finds that the one-year period of 
 Holding statements: (A) holding that for purposes of  2255 motions a federal criminal judgment becomes final when the time for filing a direct appeal expires (B) holding that a postconviction proceeding is pending under  2244d2 until the time to appeal expires (C) holding that time limit for initiating a tax appeal under kansas jurisdictional statute was a limitation  upon the right itself so that when time expires the right to bring such an action is extinguished (D) holding that postconviction proceeding is a civil suit (E) holding that the other collateral review provision of  2244d2 encompasses federal review
(B)

and fired North Bay’s employees, and that Elmar Lee Pettit made the decision that North Bay would be non-union. Nor does appellants’ evidence contradict appellees’ proffer that Elmar Lee Pettit transferred Nor-Cal accounts to North Bay. Elmar Lee Pettit does declare that “I told [customers] I could not help them, that they should call North Bay Plumbing.” (C.R. 229.) But these general denials of involvement in North Bay’s affairs conflict with his sworn statements on North Bay’s business license that he would “supervis[e] and control” North Bay’s plumbers. Such internal inconsistencies in a party’s own testimony fail to create a genuine issue of material fact as to whether North Bay was the alter ego of Nor-Cal. See Radobenko v. Automated Equip. Corp., 520 F.2d 540, 544 (9th Cir.1975) (<HOLDING>). 2 Intent Even though the district court 
 Holding statements: (A) holding that a plaintiff cannot create an issue of material fact to defeat summary judgment through an affidavit that contradicts prior testimony (B) holding that mere speculation does not satisfy the nonmoving partys burden of establishing a dispute of material fact sufficient to defeat a motion for summary judgment (C) holding that the necessity of choosing between the appellants two conflicting versions of a material fact does not defeat summary judgment (D) holding that conflicting expert evidence regarding function establishes material issue of fact (E) holding that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment the requirement is that there be no genuine issue of material fact

(C)