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.

Input: Consider Input: that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was “[p]ushed out the door.” Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim, 
 Holding statements: (A) holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated (B) holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment (C) holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim (D) holding that employees of differing seniority levels were not similarly situated (E) holding that employee who violated a different policy of the store than plaintiff was not similarly situated

Output: (B)


Input: Consider Input: (second factor is "whether the [regulated] practice is an integral part of the policy relationship between the [private] insurer and the insured”). Finally, despite the MSP provision that the United States can pursue "any entity” for reimbursement, see id. (third factor is "whether the [regulated] practice is limited to entities within the insurance industry''), the MSP provision limits reimbursement to recoveries from "primary plans,” whose definition lists only entities which are clearly "within” the insurance industry. See 42 U.S.C. § 1395y(b)(2)(A) ("primary plan" means “a group health plan or large group health plan, ... a workmen's compensation law or plan, an automobile or liability insurance policy or plan ... or no-fault insurance”); cf. Kachanis, 844 F.Supp. 877 (D.R.I.1994) (<HOLDING>). 6 . Finally, the Fund raises a puzzling 
 Holding statements: (A) holding  1012 applicable to feca provision allowing united states to recover from any third party (B) holding that the secretary of the interior breached the united states duty of loyalty despite the absence of any applicable treaty or statutory provision (C) holding that a states entitlement to indemnification from a third party does not vitiate the states sovereign immunity against a money judgment (D) holding that a third party has authority to consent to a search if the third party is a coinhabitant (E) holding that an ancillary forfeiture proceeding pursuant to 21 usc  853n is a civil action for the purpose of allowing a third party to recover attorneys fees

Output: (A)


Input: Consider Input: delivery to these individuals actually occurred. Sanderson asserted numerous causes of action against the defendants including civil rights and tort claims arising out of Sanderson’s divorce action and his March'2003 arrest for felonious restraint. The felonious restraint charge was later dismissed. Sanderson’s complaint in this lawsuit seeks damages for actions by Thomas and Martens while employed by Walsh County and actions by Judge Geiger while employed by the State of North Dakota. [¶ 3] Walsh County, Thomas, and Martens answered Sanderson’s complaint and moved for summary judgment, seeking dismissal for lack of proper service of process. Judge Geiger also moved to dismiss, asserting the district court lacked personal jurisdiction over 2001 ND 101, ¶¶ 8-10, 627 N.W.2d 379 (<HOLDING>). [¶8] Sanderson’s complaint asserts a number 
 Holding statements: (A) holding that a forum selection clause was not enforceable against defendants that were not parties to the contract (B) holding order dismissing action without prejudice based on contractual forum selection clause is final and appealable because it terminates the litigation in the plaintiffs chosen forum (C) holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum (D) holding that when a forum selection clause designates  an arbitral forum  the proper remedy is dismissal (E) holding appealable dismissal where application of forum selection clause permanently put plaintiff out of district court


Output: (E)