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.

[EX Q]: the Society over in Russia when the company began to sell its SMIRNOV vodka there. A pending litigation in a foreign country between essentially the same parties, even one that concerned a slightly different topic, has been found to create a objectively reasonably apprehension of suit. See Ethicon, Inc. v. American Cyanamid Co., 369 F.Supp. 934, 936-37 (D.N.J.1973). Therefore, even though it appears as if the defendants have never directly threatened the plaintiffs with legal action in the United States, the court concludes that the plaintiffs have introduced sufficient evidence to support their claim that they reasonably feared a lawsuit if they attempted to enter the U.S. market. Cf. Simmonds Aerocessories, Ltd. v. Elastic Stop Nut Corp. of America, 257 F.2d 485, 490 (3d Cir.1958) (<HOLDING>). Nevertheless, because the court finds that 
 Holding statements: (A) holding that the declaratory judgment act is a procedural device (B) recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction (C) holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment (D) holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act (E) recognizing that it is not essential for there to be a direct threat of litigation in order to invoke the declaratory judgment act
[EX A]: (E)

[EX Q]: of the Licenses; revocation is made explicit in a filing before the bankruptcy court (which filing is not itself an order) and is implicit in the Public Notice announcing the re-auction of the Licenses previously held by NextWave. Nevertheless, as this Court's prior opinion makes clear, we think that the FCC action in question is unmistakably regulatory in nature. But even if the FCC’s acts do not amount to "decisions” or "orders” of the Commission, subject to the jurisdiction of the courts of appeals, that would not expose the FCC's acts to review in the bankruptcy court. A regulatory action short of a decision or order is an exercise of regulatory discretion that is not subject to review. See Bethesda-Chevy Chase Broadcasters, Inc. v. FCC, 385 F.2d 967, 968 (D.C.Cir.1967) (<HOLDING>); see also, e.g., Telecommunications Research & 
 Holding statements: (A) holding allegation made in enforcement suit does not impose the kind of legal obligation with which the finality doctrine is concerned (B) holding that obligation to pay pension benefits gave rise to a constructive trust relationship and obligation was not discharged in bankruptcy (C) holding that insurance obligation was primary to indemnity obligation (D) holding that a regulatory action that did not impose an obligation deny a right or fix a legal relationship was not reviewable (E) holding erroneous exclusion of hearsay did not deny defendant a substantial right
[EX A]: (D)

[EX Q]: be effected in accordance with the provisions of paragraph (a) of this section. 5 . For clarity, the first “final denial” refers to the April 28; 1995 letter. The second “final denial" refers to the USPS inaction on BOND’S June 28, 1995 request for reconsideration. It should be noted the USPS has never denied BOND’S request for reconsideration. The USPS did not send a second "final denial” by certified mail. Six months passed since the request for reconsideration, and BOND, at the veiy least, has six months from that date to file an action against USPS. At the earliest, BOND’S claim against the USPS would run afoul of the statute of limitations on either June 28 or July 3, 1996. But see. Conn v. U.S., 867 F.2d 916 (6th Cir.1981); Taumby v. United States, 919 F.2d 69 (8th Cir.1990) (<HOLDING>); Pascale v. United States, 998 F.2d 186 (3rd 
 Holding statements: (A) holding that time limit for filing petition for review is mandatory and jurisdictional (B) holding that a time limit for filing a complaint as a creditor in bankruptcy proceedings is not jurisdictional (C) recognizing that there is no time limit for filing ftca action when administrative claim is deemed denied due to agencys inaction (D) holding that the time limit for filing a petition for review of a final order of deportation is jurisdictional (E) holding that a plaintiff has exhausted his administrative remedies when his claim is deemed denied because of failure of administrator to respond in a timely manner
[EX A]:
(C)