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.
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Question: testimony, which included not just the cooperators but also the undercover agent, the government also played for the jury the taped conversations from the wiretap. In a number of these conversations, Herrera specifically discussed the drug quantities involved. Furthermore, this case does not present a situation such as the one the Supreme Court considered in Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946), where a conviction was overturned because there was too great a risk of evidentiary spillover, in part because there were thirty-two named participants and eight separate conspiracies. In the present matter there were only six named participants, two conspiracies and two defendants on trial. See United States v. Edwards, 69 F.3d 419, 433 (10th Cir.1995) (<HOLDING>). Given the strength of this evidence for 
 Holding statements: (A) holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant (B) holding that only one offense should have been charged when four separate packages of the same drug were found (C) recognizing the two different types of conspiracies under the federal statute (D) holding that the conviction should be upheld because there was no prejudice to the defendant even though the defendant had been charged with one conspiracy and the proof at trial showed two separate conspiracies (E) holding that the jury would have no problem separating the actions of the individual defendants where there were only four defendants and two separate conspiracies

Answer: holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant


Question: before section 362(b)(3) can come into play. An act that both creates and perfects a lien postpetition cannot so qualify. See, e.g., Louisville & Jefferson County Metro. Sewer Dist. v. Excel Eng’g, Inc. (In re Excel Eng’g, Inc.), 224 B.R. 582, 589-90 (Bankr.W.D.Ky.1998) (refusing to recognize validity of postpetition creation and perfection of mechanic’s hen because creditor had no lien at the time debtor filed for bankruptcy); Water-vliet Paper Co. v. City of Watervliet (In re Shoreham Paper Co.), 117 B.R. 274, 281-83 (Bankr.W.D.Mich.1990) (finding postpe-tition creation and perfection of property tax lien barred by automatic stay because no prepetition interest existed); Equitable Life Assur. Soc’y v. Ballentine Bros. (In re Ballentine Bros.), 86 B.R. 198, 201 (Bankr. D.Neb.1988) (<HOLDING>); North Side Lumber Co. v. Indus. Indem. Co. 
 Holding statements: (A) holding that the automatic stay barred a suit for injunctive relief to prevent postpetition antitrust violations (B) holding that the automatic stay would be modified so that a credit union could seek payment of postpetition interest from the codebtor (C) holding judgment in violation of automatic stay void (D) holding that creditors failure to voluntarily turn over property lawfully seized prepetition constituted violation of automatic stay (E) holding that creation of a postpetition tax levy based on a prepetition assessment was barred by the automatic stay

Answer: holding that the automatic stay barred a suit for injunctive relief to prevent postpetition antitrust violations


Question: See, Trial Court Memorandum Order and Non-Jury Verdict, 6/26/01, at 6-7. The court found that because of its “true motivation,” Sun did not inspect Conomos’s work in good faith. See, id. The record reflects that following Conomos’s cessation of work, Sun granted the incomplete segments of the job to the next highest bidder, MP Industries. Id. at 4. It shows that MP had similar difficulties in satisfying Sun’s foreman, and a mediator stepped in and determined that MP’s work was acceptable. Id. ¶20 When an obligation necessary to Conomos’s enjoyment of the contract is not expressly provided but implied as a necessary implication of the contract, Sun’s good faith performance is necessary to satisfy the implied obligation. Sun’s lack of good faith performance, A.2d 247, 256 (1986) (<HOLDING>); Amoco Oil Co. v. Burns, 268 Pa.Super. 390, 
 Holding statements: (A) holding that an insurer has a duty to act with the utmost good faith towards its insured (B) holding that parties to contract have an implied obligation to put forth a good faith effort to fulfill the conditions of the contract (C) holding that res judicata properly barred claims based on an employers decision to terminate an employee because the termination was not a fresh act of discrimination rather it was the same decision not to allow the employee to return to work that the employee had challenged previously (D) holding that if a direct supervisor who had the responsibility to stop harassment knew of and failed to act against it the plaintiff has no further obligation to bring it to the employers attention (E) holding that an employers obligation to an employee to act in good faith extends only to the performance of those contractual duties it has chosen to assume

Answer:
holding that an insurer has a duty to act with the utmost good faith towards its insured