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: even if the 1993 judgment was final and appealable, they may challenge the merits of the 1993 judgment in this appeal from the 1995 order. This appeal is untimely only if the District Court’s 1993 decision — which ordered only that ISP submit a plan to remedy the constitutional flaws in its policy — was a final judgment, appealable to this Court under 28 U.S.C. § 1291. We believe that the District Court’s 1993 order was no more final under § 1291 than the one at issue in Sherpell v. Humnoke School Dist., 814 F.2d 538 (8th Cir.1987), which held that a district court order to a school district to submit a plan to remedy an unconstitutional atmosphere of racial hostility was not an appealable final judgment. Id. at 539; see also Hendrickson v. Griggs, 856 F.2d 1041, 1044 (8th Cir.1988) (<HOLDING>). The November 1995 judgment is, therefore, the 
 Holding statements: (A) holding that an order of consolidation is interlocutory and not immediately appealable (B) holding that the modification or dissolution of an injunction in a limitation of liability proceeding is appealable as a matter of right under  1292a1 (C) holding an order denying a motion for summary judgment is interlocutory and not appealable (D) holding injunction ordering prison to submit plan for reformation of unconstitutional prison conditions not appealable as interlocutory order under 28 usc  1292a1 (E) holding that a rehearing order is interlocutory and not appealable

Output: holding that an order of consolidation is interlocutory and not immediately appealable


Input: Consider Input: language, by its express terms, releases only the Club and the Designer. It does not release the Manufacturer either by name or subject matter. 3. Pre-versus-Post-injury Releases In a different line of argument, appellees argue a release mentioning general subject matter is enough to release any and all claims even marginally related to that subject matter. Appellees contend that because the clause releases liability “from injuries or damages arriving [sic] out of or connected with [Sydlik’s] attendance” it necessarily includes any and all claims resulting from an injury connected with Sydlik’s attendance at the gym — in essence all of Sydlik’s claims in this case. As support, appellees cite Memorial Medical Center of East Texas v. Keszler, 943 S.W.2d 433, 435 (Tex.1997) (per curiam) (<HOLDING>). Appellees fail to address two problems with 
 Holding statements: (A) holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release (B) holding that a general release of all claims did not operate by its terms to bar prospective antitrust claims nor could it in view of public policy (C) holding that a release covering all claims relating to keszlers relationship with the hospital was enough to release claims arising out of exposure to hazardous materi als (D) holding that a release between two parties cannot bind a thirdparty who was a stranger to the release (E) holding that a release of unknown claims has no effect in the absence of evidence apart from the words of the release

Output: holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release


Input: Consider Input: the original form of the authorizing statute would nonetheless be saved under the general savings statute, 1 U.S.C. § 109, which provides: The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. This provision reversed the common-law rule, under which the repeal of a criminal law “preclude[d] punishment for acts antedating the repeal.” Landgraf 511 U.S. at 271, 114 S.Ct. 1483; see also Yeaton v. United States, 9 U.S. (5 Cranch) 281, 283, 3 L.Ed. 101 (1809) (<HOLDING>). Accordingly, “unless [a] repealing statute 
 Holding statements: (A) holding no violation of ex post facto clause because enhancement provision increases the punishment for being a felon in possession of a firearm that traveled in or affected interstate commerce and it does not affect the punishment previously meted out to the defendant for the  crimes he committed prior to the effective date of the statute (B) holding that a statute may be facially challenged only  by establishing that no set of circumstances exists under which the statute would be valid ie that the law is unconstitutional in all of its applications or at least that the statute lacks a plainly legitimate sweep  (C) holding that when a statute is patterned after a similar provision in another states statute it is proper to resort to judicial constructions placed on the statute by the courts of the state whose statute provided the model in determining the proper construction   (D) holding that an executive order authorized by statute and intended to implement or supplement that statute has the force of law (E) holding that when a criminal statute expires or is repealed no penalty can be enforced nor punishment inflicted for violations of the law committed while it was in force unless some special provision be made for that purpose by statute


Output: holding no violation of ex post facto clause because enhancement provision increases the punishment for being a felon in possession of a firearm that traveled in or affected interstate commerce and it does not affect the punishment previously meted out to the defendant for the  crimes he committed prior to the effective date of the statute