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.

[Q]: 1 We note that the Supreme Court of Georgia recently vacated portions of the trial court’s injunction order in Barham v. City of Atlanta, 292 Ga. 375 (738 SE2d 52) (2013). 2 Am. Petroleum Prods., Inc. v. Mom & Pop Stores, Inc., 231 Ga. App. 1, 7 (3) (497 SE2d 616) (1998) (punctuation omitted). 3 Levine v. Sun Trust Robinson Humphrey, 321 Ga. App. 268, 275 (3) (740 SE2d 672) (2013) (punctuation omitted). 4 Am. Petroleum Prods., 231 G 215 SE2d 294) (1975) (“[When] the complaining party cannot legitimately claim surprise, either because he knew of the existence of the witness or had equal means of knowing, it is not error to fail to invoke the sanctions of postponement, mistrial, barring the witness, etc.”). Cf. Malley Motors, Inc. v. Davis, 183 Ga. App. 599, 600 (1) (359 SE2d 394) (1987) (<HOLDING>). 18 See Hunter v. Nissan Motor Co. Ltd. of 
 Holding statements: (A) holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness (B) holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care (C) holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness (D) holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case (E) holding that the jury is the judge of the weight and credibility given to witness testimony
[A]: (C)


[Q]: 616.8. Like our general venue statute, section 616.8, known as our common carrier statute, has also remained virtually unchanged for over a century. Compare Iowa Code § 2582 (1873), with Iowa Code § 616.8 (2001). It provides: An action may be brought against any railway corporation, the owner of stages, or other line of coaches or cars, express, canal, steamboat and other river crafts, telegraph and telephone companies ... in any county through which such road or line passes or is operated. Iowa Code § 616.8. Although not expressly mentioned, we have held that semi-trucks carrying freight on a fixed schedule over a regular route with fixed termini constitute a “line of ... cars” for purposes of the statute. Bruce Transfer Co. v. Johnston, 227 Iowa 50, 52-55, 287 N.W. 278, 278-81 (1939) (<HOLDING>). The Richards contend section 616.8, like 
 Holding statements: (A) holding that the court assumes the legislature acquiesced in our interpretation of the language because the legislature had not amended the language (B) holding that when the legislature enacts a statute it is presumed that the legislature is aware of existing statutes (C) holding the fact legislature could not have foreseen rise of semitrucks when it enacted common carrier statute in the nineteenth century did not foreclose an interpretation that would effectuate its intent (D) holding an administrative interpretation cannot change the meaning of a statute or control the courts interpretation of it (E) holding that shipper negligence does not absolve a carrier of liability if damage would not have occurred but for the concurrent fault of the carrier
[A]: (C)


[Q]: 644, 646 (Fed.Cir.1994). However, “[mjany, if not most, suits for patent infringement give rise to numerous and complex fact issues, rendering those suits inappropriate for summary disposition.” Union Carbide Corp. v. Am. Can Co., 724 F.2d 1567, 1571 (Fed.Cir.1984). An issue of material fact is genuine “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Where the party opposing summary judgment raises a genuine issue of material fact by proffering expert testimony in conflict with the positions of the moving party, summary judgment is properly denied. See, e.g., Metro. Life Ins. Co. v. Bancorp Serv., L.L.C., 527 F.3d 1330, 1338-39 (Fed.Cir.2008) (<HOLDING>). In determining whether summary judgment is 
 Holding statements: (A) holding that when a plaintiff seeking an injunction raises a genuine issue of fact material to the defendant governments claim regarding its justification for a policy summary judgment is inappropriate (B) holding that the original pto declarations create a genuine issue of material fact (C) holding the conflict in expert declarations created a genuine issue of materi al fact that made summary judgment inappropriate (D) holding that there was a genuine issue of material fact precluding summary judgment (E) holding summary judgment inappropriate to resolve an essentially procedural conflict
[A]:
(C)