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: 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

A: (E)
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Q: in ways that create a substantial risk of producing or exacerbating personal injury to her child, to exercising too much or too little, indeed to engaging in virtually any injury-prone activity that, should an injury occur, might reasonably be expected to endanger the life or safety of the child. Such ordinary things as skiing or horseback riding could produce criminal liability. If the State’s position were to prevail, there would seem to be no clear basis for categorically excluding any of those activities from the ambit of the statute; criminal liability would depend almost entirely on how aggressive, inventive, and persuasive any particular prosecutor might be. Kilmon v. State, 394 Md. 168, 177-78, 905 A.2d 306, 311-12 (Ct.App.2006). Additionally, the State’s suggested con 0 (1992) (<HOLDING>); People v. Morabito, 151 Misc.2d 259, 580 
 Holding statements: (A) holding an unborn viable fetus is not a human being under the new mexico child abuse statute and the mothers use of cocaine during pregnancy was not child abuse (B) holding a criminal charge of endangerment of a child does not apply to a pregnant woman who ingests an illegal substance that results in the transmission of drugs to her child through the umbilical cord (C) holding ohios child endangerment statute does not apply to mothers who abuse drugs during pregnancy (D) recognizing the unique relationship between mother and child during pregnancy and birth and permitting mothers claim for emotional distress where the mothers emotional wellbeing and the birth of the child are inextricably intertwined (E) holding child abuse statute clearly did not apply to fetuses and therefore did not apply to a mother who ingested cocaine during pregnancy

A: (C)
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Q: 541 (1992). Put another way, the State may regulate expression on non-content grounds through “reasonable time, place, and manner restrictions.” The Supreme Court cases teach that the “principal inquiry in determining content neutrality in speech cases generally and in time, place, or manner cases in particular, is whether the government has adopted a regulation of speech because of disagreement with them message it conveys.” Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989). Under this test, the State’s action in moving all newsracks to a concrete pad appears content-neutral. It did not differentiate based on the content of the speech. Cf. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 428-429, 113 S.Ct. 1505, 123 L.Ed.2d 99 (1993)(<HOLDING>). Like the ban on posted signs which the 
 Holding statements: (A) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (B) holding that the ban on judicial review of actions committed to agency discretion by law is jurisdictional (C) holding ban violated the sherman act (D) holding that cincinnati could not ban commercial newsracks from public property while allowing noncommercial newsracks even if  the city might entirely prohibit the use of newsracks on public property (E) holding that an ordinance exempting certain signs from a general sign ban was an unconstitutional contentbased restriction on speech

A:
(A)
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