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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: rules or orders.” Tex. Health & Safety Code Ann. § 382.113(a). The legislature imposed only the two restrictions previously mentioned: an ordinance must be consistent with the Act and the commission’s rules and orders and may not make unlawful a condition or act approved or authorized under the Act or the commission’s rules or orders. Id. § 382.113(b). If the ordinance violates one of these restrictions, however, then its preemption is implied with unmistakable clarity. We therefore turn next to the first of these restrictions and address the question of whether the Act and the ordinance are consistent. 3. The Clean Air Act and the tent with state legislation, we begin by comparing the purpose of each. See City of Weslaco v. Melton, 158 Tex. 61, 63-64, 308 S.W.2d 18, 19-20 (1958) (<HOLDING>); see also City of Brookside Vill. v. Comeau, 
 Holding statements: (A) recognizing the two different types of conspiracies under the federal statute (B) holding state and federal actions not parallel for colorado river purposes because the remedies were different  one was equitable and the other compensatory  and the sources of law came from different states (C) holding that an implied warranty of merchantability does not create a labeling requirement different from or in addition to those mandated by fifra because the implied warranty of merchantability arises from the sale itself not from a state labeling regulation citation omitted (D) holding that completing sixth grade and a limited ability to read were not inconsistent with a valid iq score of 68 (E) holding that an ordinance banning the sale of grade a raw milk was not inconsistent with a state statute for grading and labeling milk because the two provisions served different purposes
[EX A]: recognizing the two different types of conspiracies under the federal statute

[EX Q]: phrase “periodical ly review and monitor the agent” is untested. Thus, the unanswered question before us is how much reviewing and monitoring is required by a trustee to satisfy the mandates of R.C. 1339.59(A)(3)? The plain meaning of the operative words are (1) review — “to go over or examine critically or deliberately” and (2) monitor — “to watch, keep track of, or check usually for a special purpose.” Merriam-Webster’s Collegiate Dictionary (11th Ed.2003) 1067, 801. However, secondary legal authority on this point is scarce and wide ranging: If in the exercise of reasonable diligence, the trustee discovers conditions adversely affecting the security of the investment, it is bound to er (1987), 152 Ariz. 527, 528, 733 P.2d 1110, citing Restatement of the Law 2d, Trusts (1959) 227 (<HOLDING>); Estate of Miller (1964), 230 Cal.App.2d 888, 
 Holding statements: (A) holding that a trustee who lacks investment experience must seek expert advice regarding investing trust assets while exercising his own judgment (B) holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa (C) holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust (D) holding that although a trustee is not required to watch the ticker as a speculator would    the question of the quality of judgment in holding or disposing of trust assets    coupled with evidence of failure to review or monitor the trust estate and refusal to meet with cotrustees presents a jury question on whether or not the trustee breached his duty (E) holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds
[EX A]: holding that a trust beneficiarys state law claims concerning investment of trust assets in affiliated mutual funds satisfied the in connection with a purchase or sale of security requirement of slusa

[EX Q]: by Plaintiff. Plaintiff relies instead on a statistical analysis of a company-wide data pool and makes no attempt to narrow the data pool to the locations in which he worked or the positions which he challenges. As this Court noted in the order denying class certification, the probative value of Plaintiffs statistical evidence is therefore highly questionable, in significant part due to the treatment of factors such as experience, education and specific promotion processes. Cooper v. Southern Company, 205 F.R.D. 596, 613-14 (N.D.Ga.2001). The analytical deficiencies of Plaintiffs statistics diminish the probative value of this evidence such that it cannot by itself support a claim of disparate treatment. See Brown v. American Honda Motor Co., 939 F.2d 946, 952 (11th Cir.1991) (<HOLDING>); Hawkins v. Ceco Corp., 883 F.2d 977, 985 
 Holding statements: (A) holding that summary judgment was appropriate where plaintiffs statistical evidence which lacked specific analytical foundation and thus failed to show that employer maintained discriminatory intent was insufficient to establish prima facie case or pretext (B) holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position (C) holding reliance on statistical evidence of inexorable zero was sufficient to establish prima facie case notwithstanding plaintiffs failure to reference appropriate workpool (D) holding to establish a prima facie case of racial discrimination a plaintiff must show he 1 (E) holding that plaintiffs statistical evidence failed to establish prima facie case or pretext where evidence failed to make specific analytical comparisons
[EX A]:
holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position