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: as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, — U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the 
 Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo

Output: (D)


Input: Consider Input: its concern with Plaintiffs’ lack of proof of causation and specific damages when the court entered summary judgment against them on their injurious falsehood/business disparagement and wrongful interference with business relations claims, and Plaintiffs’ testimony at trial failed to further illuminate their assertion that Petta’s statements caused them special damages. Plaintiffs’ testimony about special damages was unsupported by any documentary evidence, including any business operations analysis, tax returns or similar exhibits, or expert testimony, and Plaintiffs’ own con-clusory statements provided little quantifiable evidence of their claimed damages, leaving the jury to speculate regarding special damages. See Gilmore v. Cohen, 95 Ariz. 34, 36-37, 386 P.2d 81, 82-83 (1963) (<HOLDING>). ¶43 Furthermore, the evidence presented does 
 Holding statements: (A) holding that the fifth and fourteenth amendments do not entitle a person to a federal remedy for every breach of contract by a state thus unless every breach of every public contract is to be actionable as a violation of constitutional rights it is necessary to distinguish between mere contract rights and constitutional property rights internal citations and quotation marks omitted (B) holding that the governments position must have a reasonable basis in both law and fact citations omitted (C) recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract (D) recognizing in a breach of contract ease that the plaintiff in every case should supply some reasonable basis for computing the amount of damage and must do so with such precision as from the nature of his claim and the available evidence is possible citations omitted (E) holding that one method of computing damages for a breach of contract is the contract price less the reasonable cost of completion

Output: (D)


Input: Consider Input: the substantive law’s identification of which facts are critical and which facts are irrelevant that governs.”). The existence of “some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment^]” Id. Therefore, there is no issue for the court to adjudicate unless the nonmoving party puts forth evidence sufficient for a jury to return a verdict for that party; but “if the evidence is merely colorable or is not significantly probative, summary judgment may be granted.” Id. at 249-50, 106 S.Ct. 2505 (citations omitted). The burden of demonstrating the absence of any genuine issue of material fact is on the party moving for summary judgment. See Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (<HOLDING>); see also Riley & Ephriam Constr. Co., Inc., 
 Holding statements: (A) recognizing that even where a party has the burden of proof at trial that party need not produce proof supporting his claim in response to a motion for summary judgment unless the movant has first presented evidence that would negate an element of the nonmovants claim or indicates that the nonmovant will be unable to meet his burden at trial it is never enough simply to state that the nonmoving party cannot meet its burden at trial (B) holding the moving party must meet its burden by showing  that is pointing out to the trial court that there is an absence of evidence to support the nonmoving partys case (C) holding that once the moving party meets its burden the nonmoving party is obliged to produce evidence in response (D) holding due to the moving partys failure to meet its initial burden the onus never passed to the nonmoving party to set forth specific facts showing that there is a genuine issue for trial  citation omitted (E) recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case


Output: (B)