instruction:
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.
question:
issue in question.” Bradley Ventures, Inc. v. Farm Bureau Mut. Ins. Co. of Ark., 371 Ark. 229, 264 S.W.3d 485, 490 (2007). UAMS maintains that collateral estoppel applies to Dodson I and II, barring both of Dodson’s pending claims, but our discussion is considerably narrower. First, I would set aside Dodson I because I am uncertain that the court’s relevant finding was “essential to the judgment.” Powell, 289 S.W.3d at 444. Second, I would set aside Count II, which is Dodson’s impliedeontract claim. Importantly, Count II is premised on UAMS’s conduct after Dodson II, i.e., sending Dodson bills for the embryo storage fees, and therefore cannot be precluded by the earlier chancery court decision. See Ripplin Shoals Land Co. v. U.S. Army Corps of Eng’rs, 440 F.3d 1038, 1044 (8th Cir.2006) (<HOLDING>); cf. id. at 1042 (“[R]es judicata does not 
 Holding statements: (A) holding that an assignment does not modify the terms of the underlying contract (B) recognizing that a final judgment may provide for a particular standard upon which to modify a final judgment (C) holding that a prior judgment regarding a permit to modify an existing bridge does not preclude a plaintiff from challenging a decision on a new application describing and a different bridge design (D) holding that district court did not abuse its discretion in refusing to permit a design defect products liability expert to submit an untimely addendum stating a new claim of failure to warn after defense expert refuted the basis of original design defect opinion (E) holding untimeliness of motion to modify medical insurance payment did not preclude motion to modify maintenance
answer:
holding that an assignment does not modify the terms of the underlying contract


question:
township in the RLCWA’s district took on a different status simply by virtue of its annexation by another township in the RLCWA’s district. Second, the federal anti-curtailment statute specifically anticipates that a city will use its annexation of property located within the service area of a rural water association as a basis to provide service to that property, and expressly prohibits such provision of service while the water district is indebted to the federal government. See 7 U.S.C. § 1926(b). Third, case law shows that a municipality’s annexation of property located within a rural water association does not, of itself, remove it from the water district for § 1926(b) purposes. See, e.g., Glenpool Util. Serv. Auth. v. Creek County Rural Water Disk, 861 F.2d 1211 (10th Cir.1988) (<HOLDING>); Bell Arthur Water Corp. v. Greenville Util. 
 Holding statements: (A) holding that article x  2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially (B) holding that  1926b prohibited munici pality from using its annexation of territory within rural water district as springboard for providing its own water service to residents (C) holding municipal condemnation of water associations facilities and certificate violative of  1926b (D) holding substantial completion had occurred because water district took possession of all the lines filled them with water and began using them to serve the customers of the water district (E) holding that village could not condition provision of water services on annexation where prospective customer was within a rural water associations service area and the water association was federally indebted
answer:
holding that article x  2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially


question:
like the defendants here, failed to attach process to its notice of removal. Id. at 1214. In denying remand, the court stated that the failure to attach process was inadvertent and trivial and “did not unduly burden the court or reflect the complete failure to follow the removal procedure that typically leads to remand orders.... Important, also, is the fact that plaintiff has suffered absolutely no prejudice whatsoever from the defect and this defect can be promptly and easily remedied by allowing the defendant to file its proposed amended notice of removal.” Id. Plaintiff argues that this court must remand the case back to state court because defendant failed to attach process. To support this proposition, plaintiff cites Albonetti v. GAF Corp.-Chemical Gp., 520 F.Supp. 8 .Ala.2004) (<HOLDING>); Emp’rs-Shopmens Local 516 Pension Trust v. 
 Holding statements: (A) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand (B) holding that 28 usc  1446as requirement of attached process is jurisdictional and defendants failure to attach process precluded removal (C) holding that a defendants failure to attach process to its notice of removal was not fatal and did not require remand (D) holding that failure to include all state court pleadings and process with the notice of removal is procedurally incorrect but is not a jurisdictional defect (E) holding that 28 usc  2401 is a jurisdictional statute of limitations
answer:

holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand