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.

interim orders issued by arbitration panel were resolution of separate and independent claim and subject to confirmation even though the orders did not dispose of all claims submitted to arbitration); The Home Insurance Company v. RHA/Pennsylvania Nursing Homes, Inc., 127 F.Supp.2d 482, 490 (S.D.N.Y.2001) (an interim award which adjudicated a portion of a damages claim and ordered the payment of that sum is final even though liability and potential damages issues remained to be resolved with respect to the remainder of the same claim; court held that an arbitration award that fully disposes of a separate and independent claim is final for purposes of confirmation under the FAA even if other claims remain pending); Hart Surgical, Inc. v. Ultracision, Inc., 244 F.3d 231 (1st Cir.2001) (<HOLDING>); Publicis Communication v. True North 
 Holding statements: (A) holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award (B) holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants (C) holding that an award which finally and definitely disposes of a separate independent claim may be confirmed although it does not dispose of all the claims that were submitted to arbitration (D) holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc  1291 (E) holding that section nine does not limit confirmation of an award to the district court in the district of arbitration and confirmed a new york arbitration over whose parties the court had personal jurisdiction
(C)

See Lorber 675 F.2d at 1067. The court noted that the classification of the surcharge as a non-tax fee was “a close question,” but concluded that because the surcharge was triggered by “voluntary” choice, the surcharge was possessed more of the character of a service fee than that of a tax. See id. The Lorber court also held that extending priority status to the surcharge was contrary to the trend of then-recent amendments to § 64 of the old Bankruptcy Act, which tended toward the erosion of the preferred status of taxes. See id., 675 F.2d at 1067-68. The court explained that, following the grant by Congress of priority status to claims for taxes, the federal government and its state and local counterparts began to increase the types and levels of taxation. See id. (citing S. REP. NO. (<HOLDING>). Even courts in the Ninth Circuit, purporting 
 Holding statements: (A) holding that reimbursement claims were excise taxes under lorber (B) holding that ohios reimbursement claims met the lorber criteria but were not excise taxes because they were not universally applicable to similarly situated entities and in addition disadvantaged private creditors with like claims (C) holding west virginias reimbursement claims were excise taxes under lorber suburban ii and the chateaugay district court decision (D) holding reimbursement claims were excise taxes under the lorber test without addressing the bankruptcy codes central policy of equal distribution (E) holding that michigan reimbursement claims were excise taxes under both lorber and suburban ii
(E)

pages 7-34 to 7-66 and page F- 1 (the Table of Contents). Most of these enhancements are too trivial to be afforded copyright protection. Enhancements such as the coloration of the text (adding red print) are not copyrightable. See 37 C.F.R. § 202.1(a); U.S. Copyright Office, Compendium II: Compendium of Copyright Office Practices § 503.02(a) (1984) (“[M]ere coloration cannot support a copyright even though it may enhance the aesthetic appeal or commercial value of a work.”). While the term “line art” is unclear, “mere variations of typographic ornamentation” are not subject to copyright protection. 37 C.F.R. § 202.1(a). The table of contents does not have sufficient creativity to be protected either. See Matthew Bender & Co. v. West Publishing Co., 158 F.3d 674, 683-89 (2d Cir.1998) (<HOLDING>). Spilman also claims copyright protection for 
 Holding statements: (A) holding that while broadcasts of basketball games are copyrightable the scores of basketball games represent purely factual information which any patron of an nba game could acquire from the arena as such the underlying games are not copyrightable (B) holding that enhancements such shortening the form of titles capitalizing letters providing subsequent case history and other gardenvariety additions are not copyrightable because they miss the creative spark (C) holding that broadcasts of national basketball association games are copyrightable but that the games themselves are not copyrightable as such copyright preemption did not apply (D) holding that evidence of subsequent criminal conduct may be used at sentencing hearing on prior criminal charge and stating that misdeeds occurring up to the time of sentencing whether before the finding of guilty or subsequent are relevant as they go to the defendants history and character  (E) holding that agency demand letters are not suits

(B)