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.

Q: Joseph F. Nascimento and his minor daughter Kendall E. Nascimento appeal pro se the district court’s dismissal, pursuant to Fed.R.Civ.P. 12(b)(6), of their civil rights action seeking reversal of a Montana state court decision regarding the custody of Kendall Nascimento. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s dismissal and affirm. See H.C. v. Koppel, 203 F.3d 610, 613 (9th Cir.2000) (<HOLDING>); see also Branson v. Nott, 62 F.3d 287, 291 
 Holding statements: (A) holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration (B) holding that federal district courts should abstain from interfering with pending state court proceedings (C) holding that courts should only abstain under younger if the state proceedings are coercive and not remedial and citing a number of district court opinions (D) recognizing that the longstanding public policy against federal court interference with state court proceedings generally requires federal courts to abstain from involvement in state criminal proceedings (E) holding that federal courts should apply state substantive law

A: holding that a court should abstain when an exercise of jurisdiction might lead to a parallel federal regulatory review mechanism complicating state administration
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Q: the necessity for government to be able to take private property for governmental purposes, see The Federalist No. 10 (James Madison), that power could be exercised only by making the private property owner whole. Thus the distinction plaintiffs attempt to draw is unavailing. Analytically, whether common law-based tort and contract law is subject to statutes of limitations, with or without sovereign immunity in the case of suits against the government, is unrelated to the question of whether constitutionally based takings claims may be made subject to such statutes. Which leads to the question of the applicable law. This court hears a goodly number of takings cases. In some the plaintiff property owner prevails. See, e.g., Ciéne-ga Gardens v. United States, 331 F.3d 1319 (Fed.Cir.2003) (<HOLDING>); Palm Beach Isles Assocs. v. United States, 
 Holding statements: (A) holding that unenforced tobacco regulations did not constitute a taking of vending machine owners contracts (B) holding that island owners had rights to the thread of the channel (C) holding housing statutes create no rights in tenants for purposes of section 1983 (D) holding that a cause of action for an unconstitutional taking accrues at the time the taking occurs (E) holding that statutory abrogation of lowincome housing owners contract rights was a taking

A: holding that unenforced tobacco regulations did not constitute a taking of vending machine owners contracts
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Q: collection agency’s argument that since it was not patty to original loan transaction, it could not be held liable for usury statutory penalties because '‘[otherwise, one who was not a party to the original loan transaction ... could attempt to collect usurious interest without fear of the penalties for usuty”); Davis v. Boling, 340 S.W.2d 331, 334 (Tex.Civ.App.-Amarillo 1960, writ ref'd n.r.e.) (stating that burden is on debtor to plead and prove that creditor has “notice or knowledge of the usury in the transaction” when "there is nothing to show upon the face of the note that it is a usurious contract” and there is nothing in record to show creditor "had any notice of any usury”); Hamor v. Commerce Farm Credit Co., 74 S.W.2d 1035, 1038 (Tex.Civ.App.-Amarillo 1934, writ dism’d) (<HOLDING>). 9 . Additionally, we note that the penalty 
 Holding statements: (A) holding that to recover statutory penalty for usury against assignee plaintiff must prove assignees knowledge or notice of usurious interest (B) holding that the penalty is applicable (C) holding that the right to pursue a statutory penalty for charging usurious interest was unassignable (D) holding plaintiff could not recover on nuisance action to recover for alleged damage to property he does not own or rent (E) holding that under rico plaintiff must prove an injury because of violation of statute

A:
holding that the penalty is applicable
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