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.
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Question: 8 . See, e.g., Nolfi v. Ohio Ky. Oil Corp., 675 F.3d 538, 547 (6th Cir.2012); Pacific Dunlop Holdings v. Allen & Co., 993 F.2d 578, 581 (7th Cir.1993); Adena Exploration, Inc. v. Sylvan, 860 F.2d 1242, 1244 (5th Cir.1988); Penturelli, 779 F.2d 160 at 166; Gilbert v. Nixon, 429 F.2d 348, 354 (10th Cir.1970); Shimer v. Webster, 225 A.2d 880, 883 (D.C.1967); Fund of Funds, Ltd. v. Arthur Andersen & Co., 545 F.Supp. 1314, 1346 (S.D.N.Y.1982). 9 . Interpreting the same language, the United States District Court for the Central District of Illinois observed that Congress intended “to specifically include as securities 'only that form of splitting up of mineral interests which had been most utilized for speculative purposes.’ ” Fearneyhough v. McElvain, 598 F.Supp. 905, 907 (C.D.Ill.1984) (<HOLDING>). 1 The Lenau [Appellants] signed the 
 Holding statements: (A) recognizing that it is an unusual challenge to a sale that does not distort the validity of the sale and that the exception likely has meaning only when collateral issues are challenged (B) holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b (C) holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the  instrument (D) holding that the sale of the entire leasehold interest in the oil and gas rights in plaintiffs land does not constitute the sale of a security within the meaning of the 1933 and 1934 acts notwithstanding the fact that the plaintiffs retained an overriding oneeighth 18 royalty interest (E) holding that the amount of water rights appurtenant to the land is the amount that is being used thereon before and at the time of the sale

Answer: (D)


Question: in their Constitution, or from the Congress that the Constitution had empowered. We made a similar point in Nevada v. Hall, 440 U. S., at 416, where we considered a suit against a State in another State’s courts: “This [traditional] explanation [of sovereign immunity] adequately supports the conclusion that no sovereign may be sued in its own courts without its consent, but it affords no support for a claim of immunity in another sovereign’s courts. Such a claim necessarily implicates the power and authority of a second sovereign; its source must be found either in an agreement, express or implied, between the two sovereigns, or in the voluntary decision of the second to respect the dignity of the first as a matter of comity.” Cf. United States v. Texas, 143 U. S. 621, 646 (1892) (<HOLDING>). Subjecting States to federal jurisdiction in 
 Holding statements: (A) holding that an action cannot be maintained under young in unique circumstances where the suit against the state officer affects an essential attribute of state sovereignty in a manner that the action must be understood as one against the state (B) holding a states regulation of wyoming national guard was insufficient to implicate a special sovereignty interest because of the dual federal and state nature of national guard service (C) recognizing that a suit by the national government against a state does no violence to the inherent nature of sovereignty (D) holding the governors emergency powers to take private property for the public benefit was a special sovereignty interest but the relief requested was not so much of a divestiture of the states sovereignty to render the suit as one against the state itself (E) holding a suit against an agency of the state is a suit against the state

Answer: (C)


Question: removal purposes. Instead, for complete preemption to apply, the cause of action not only must be preempted by ERISA but also must fall within the scope of the civil enforcement provisions of ERISA § 502(a), 29 U.S.C. § 1132(a). See Aetna Health, 542 U.S. at 209, 124 S.Ct. 2488 (“[A]ny state-law cause of action that duplicates, supplements, or supplants the ERISA civil enforcement remedy conflicts with the clear congressional intent to make the ERISA remedy exclusive and is therefore preempted. The preemptive force of ERISA § 502(a) is still stronger.... Hence, causes of action within the scope of the civil enforcement provisions of § 502(a) [are] removable to federal court.” (internal quotation marks and citations omitted)); Metro. Life Ins. Co., 481 U.S. at 62-63, 67, 107 S.Ct. 1542 (<HOLDING>); Da-Ponte v. Manfredi Motors Inc., 157 Fed. 
 Holding statements: (A) holding that action to recover erisa benefits under the subject plan are legal in nature and that plaintiff is constitutionally entitled to trial by jury on any claim raised under  1132a1b (B) holding that erisa permits suits to recover benefits only against the plan as an entity and thus the beneficiary had erred by suing her exhusbands employer and plan administrator when proper party would have been the benefits plan itself (C) holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under  502e of erisa over a suit brought by such a plan (D) holding that just because a claim implicates a federal issue or involves construction of federal law does not necessarily give rise to a federal question and confer removal jurisdiction on a federal court (E) holding that suit by a beneficiary to recover benefits from a covered plan  falls directly under  502a1b of erisa and therefore was necessarily federal in character and subject to removal to federal court

Answer:
(E)