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.

Input: Consider Input: indorsers, and other persons conditionally liable also receive benefits from payment of the debt. If called on to pay, guarantors and the like would have been creditors; the “benefit” to them is that extinguishing the primary debt means that they receive a larger percentage of their claim than they would have had they paid and been converted to general creditors of the bankrupt. Cases under the 1898 Act routinely held that unless a person escapes an obligation to pay and so reaps a larger portion of his claim than do other creditors, he has not received a statutory “benefit”. E.g., Mayes v. Palmer, 208 F. 97 (8th Cir.1913); Walker v. Wilkinson, 296 F. 850 (5th Cir.1924); Mansfield Lumber Co. v. Sternberg, 38 F.2d 614 (8th Cir.1930). See also Bonded Financial, 838 F.2d at 895-96 (<HOLDING>). The Liquidator has not identified, and we 
 Holding statements: (A) holding that subparagraphs a and b are mutually exclusive and thus any travel between work and home even if it is also for a dual purpose must be analyzed exclusively under paragraph a (B) holding that transferee and beneficiary are mutually exclusive categories (C) holding trial court is sole and exclusive judge of witnesses credibility (D) holding that the remedies are exclusive (E) recognizing that  1983 and  2254 proceedings are mutually exclusive so that if a claim can be properly raised in one of those proceedings it cannot be raised in the other type of proceeding

Output: holding that subparagraphs a and b are mutually exclusive and thus any travel between work and home even if it is also for a dual purpose must be analyzed exclusively under paragraph a


Input: Consider Input: making mistakes. Thus, any prejudice against the Defendant was at best minimal and could have been turned to the Defendant’s advantage by his counsel. Even if any prejudice did result, it most certainly did not permeate the entire trial and impact the result as it appears only once in the transcript and never was mentioned later during the trial. See United States v. Beckett, 706 F.2d 519, 520 (5th Cir.1983) (“Prosecutorial misconduct, fortunately occurring only occasionally, mars any trial in which it occurs and gives grounds for appeal. But a conviction should not be set aside if the prosecutor’s conduct, however, wrongful, did not in fact contribute to the guilty verdict and was, therefore, legally harmless.”); see also United States v. Bermea, 30 F.3d 1539, 1563-66 (5th Cir.1994) (<HOLDING>). This ground for a new trial, therefore, is 
 Holding statements: (A) holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify (B) holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error (C) holding that prosecutors allegedly improper closing arguments regarding burden of proof defendants failure to testify and other allegations did not case serious doubt upon the correctness of the jury verdict or the fairness of the trial (D) holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify (E) holding that any potential prejudice regarding burdenshifting is diminished by the prosecutors statement that the burden of proof is the governments and the courts explicit instructions regarding the burden of proof in the jury charge

Output: holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify


Input: Consider Input: The existence of an attorney-client relationship and privilege is not dependent on the client himself paying the attorney. The relationship and the privilege may exist even though the attorney's fees are paid by a third party. Dole v. Milonas, 889 F.2d 885, 888 n. 5 (9th Cir.1989); United States v. Edwards, 39 F.Supp.2d 716, 722 (M.D.La.1999). 7 . Most of the reported cases addressing the issue are discussed and analyzed in I. Labovitz and Wm. Labovitz, Attorney Client Privilege in Individual Bankruptcy Cases: An Emerging Qxymoron, 104 COM. L.J. 301 (1999); see also, Miller, 247 B.R. at 709. 8 . Courts have cited the Eighth Circuit's opinion in Citibank, N.A. v. Andros, 666 F.2d 1192 (8th Cir.1981) to support both sides of the debate. See In re Smith, 24 B.R. 3, 4 (Bankr.S.D.Fla.1982) (<HOLDING>); In re Silvio De Lindegg Ocean Dev. of 
 Holding statements: (A) holding that the attorneyclient privilege always passes to the trustee even if the debtor is an individual (B) holding that an appurtenant easement is an incident of the estate granted and passes with it (C) holding that the debtor in possession could utilize the strongarm powers of the trustee to avoid an unperfected security interest even though the debtor knew of the interest prior to bankruptcy because the two are distinct entities and the debtor in possessions responsibility is to preserve the estates assets for the benefit of the creditors (D) holding that where individual held title to property as trustee but gave mortgage to bank in her individual capacity a title reference on the mortgage to the deed into her as trustee provided constructive notice that the mortgage was supposed to be from the individual as trustee or at the least that the holder of a subsequent interest would not be a bona fide purchaser (E) holding that wjhile the administrator has a right of possession until the estate is settled    the property passes to the heirs


Output: holding that an appurtenant easement is an incident of the estate granted and passes with it