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: with “complete and final discretionary authority to interpret the plans and maintain control over the operation and administration of the plans.” Accordingly, the Chevron Plan, via the Services Agreement and the SPD, delegates authority to Aetna regarding benefit eligibility for the Medical Plan. Moreover, in this situation, Aetna made a factual determination that certain diagnostic testing and IVIG treatments were not medically necessary. “[F]actual determinations made by [an] administrator during the course of a benefits review will be rejected only upon the showing of an abuse of discretion.” Meditrust Fin. Servs. Corp. v. Sterling Chems., Inc., 168 F.3d 211, 213 (5th Cir.1999); see also Chandler v. Hartford Life, No. 05-50688, 2006 WL 1209363, at *3 (5th Cir. Apr.28, 2006) (<HOLDING>) (quoting Meditrust Fin. Servs. Corp., 168 F.3d 
 Holding statements: (A) holding that the admission or exclusion of evidence is within discretion of the trial court and that such determinations will not be disturbed on appeal absent clear abuse of discretion (B) holding that a denial of benefits will not be reviewed de novo where the language of an erisa plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan (C) holding that arbitrary and capricious standard applies to section 1132a1b denial ofbenefits claims if the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan (D) holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion (E) holding that  rjegardless of the administrators ultimate authority to determine benefit eligibility  factual determinations made by the administrator during the course of a benefits review will be rejected only upon the showing of an abuse of discretion 

A: (E)
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Q: statement during closing argument regarding his personal opinion of the defendant’s guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor’s improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that “the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct”); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P. 
 Holding statements: (A) holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment (B) holding the rule that the singular includes the plural obviously  is not one to be applied except where it is necessary to carry out the evident intent of the statute (C) holding that 1 usc  1 does not apply except where it is necessary to carry out the evident intent of the statute (D) holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked (E) holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment

A: (D)
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Q: at 513, and we certainly do not find it helpful to the decision at hand. Nor are we persuaded by the Utah Supreme Court’s decision in Wilson v. Family Services Division, 554 P.2d 227 (Utah 1976). In Wilson, the Utah court held that a grandmother who had nothing more than a biological relationship with her grandchild was nonetheless entitled to a hearing on her adoption petition. Id. at 230-31; see also State v. Wulffenstein, 571 P.2d 1319, 1321-22 (Ut.1977) (similar). Although it is not clear whether the Utah Court based its decision on the federal or state constitution, we think its conclusion flowed from a sense that a grandparent’s wish to adopt her grandchild was an aspiration worthy of protection by the courts. But cf. Browder v. Harmeyer, 453 N.E.2d 301, 308-09 (Ind.App.1983) (<HOLDING>). Although we do not dispute that the 
 Holding statements: (A) holding that grandparent has no protected liberty interest in the visitation of a child of whom she once had custody (B) recognizing that a parents liberty interest in the custody of a child is subject to due process protection (C) holding that grandmother who had intermittent custody of her grandchild had no protected liberty interest in the continued custody of the child (D) holding that juvenile court that determined child was not dependent had no jurisdiction to thereafter determine custody of child (E) holding that grandmother in loco parentis of her three grandchildren had protected liberty interest in their future care and custody

A:
(C)
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