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.

of a class consisting of all African-American plant employees. Accordingly, the district court acted within its discretion to deny class certification on the basis of the appellants’ direct evidence. B. Statistical Evidence Nucor provided the appellants with actual promotion-related job posting and applicant data from January 2001 to February 2006. According to the appellants’ own expert, statistical analysis of this data resulted in a standard deviation of - .84, a result indicating no statistically significant disparity in the actual versus expected percentage of African-American employees successfully bidding on jobs. J.A. 5872-73. The appellants, however, objected to use of the 2001 to 2006 time period because it included job posting and bidding 759 n. 17 (4th Cir.1986) (<HOLDING>). Since the appellants could not prevail based 
 Holding statements: (A) recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard (B) recognizing that differences between the expected value and the observed number greater than two or three standard deviations are significant (C) recognizing the cause of action (D) recognizing cause of action (E) recognizing that a standard deviation greater than two or three excludes chance as the cause of underrepresentation
(E)

evidence showing that the defendants used the mark selectively or that they failed to use it pervasively in all their commercial dealings, even if these dealings were low in volume. Furthermore, though the Allard Court granted ownership rights to the defendants based only on oral testimony of various “solicitations” and insubstantial documentary evidence of prior use, the Court noted that there was also good evidence of widespread public recognition of the defendants’ use of the service mark. Evidence of public recognition is only necessary in cases requiring proof of secondary meaning, but such evidence may be probative of a party’s actual use of a mark in cases where secondary meaning is not required. See id.; see also Florida v. Real Juices, Inc., 330 F.Supp. 428, 431 (M.D.Fla.1971) (<HOLDING>). Public recognition is probative of a party’s 
 Holding statements: (A) holding that the burden is on the plaintiff (B) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff (C) holding that the plaintiff established a right to a slogan based on evidence of public recognition of its use by the plaintiff (D) holding that a plaintiff had established a primafacie failuretohire case notwithstanding evidence that the position sought by the plaintiff was ultimately filled with a person of the same race as the plaintiff (E) holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by  recognition by public authority or by its maintainance sic
(C)

official immunity existed only in the cramped sense used by the court of appeals, its qualified promise against personal civil liability to public officers would be hollow indeed. The purpose of the doctrine of official immunity is to protect public officers from civil liability for conduct that would otherwise be actionable. Ministerial acts are those: [ w]here the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discreti .App.—Dallas 1992, writ dism’d w.o.j.) (explaining that officers were not entitled to immunity because “their actions in the pursuit did not involve matters within their discret L.Ed.2d 483 (1988); Vasquez v. Hernandez, 844 S.W.2d 802, 804-05 (Tex.App.-San Antonio 1992, writ dism’d w.o.j.) (<HOLDING>); Wyse, 733 S.W.2d at 227 (describing 
 Holding statements: (A) holding that officers positioning himself next to his patrol car with gun drawn and then firing was a discretionary use of deadly force (B) holding that deadly force was unreasonable where the suspect possessed a gun but was not pointing it at the officers and was not facing the officers when they shot (C) holding that instruction on use of deadly force was required where appellant was aware of the decedents violent history decedent had a gun in his car and appellant used force only after decedent had made an attempt to approach his car (D) holding that apprehension by the use of deadly force is a seizure (E) holding that injury of plaintiff  who was detained in negligently parked patrol car that along with another patrol car was struck by thirdparty vehicle  did not arise out of use or operation of patrol car within meaning of ttcas motorvehicle waiver rather patrol car merely furnished condition that made injury possible

(A)