instruction:
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.
question:
may grant preliminary injunctive relief in any civil action if the granting of such relief is appropriate under the facts upon which the action is based.” 16 U.S.C. § 3117(a). 3 . As used in ANILCA, (1) The term "land” means lands, waters, and interests therein. (2) The term “Federal land” means lands the title to which is in the United States after December 2, 1980. (3)The term "public lands” means land situated in Alaska which ... are Federal lands.... 16 U.S.C. § 3102(1) — (3). 4 . Although navigability determinations have not yet been made on most of Alaska’s waterways, it is likely that few waterways of significance to fisheries will be classified as non-navigable due to the expansive definition of navigable. See, e.g., Alaska v. Ahtna, Inc., 891 F.2d 1401, 1402-08 (9th Cir.1989) (<HOLDING>), cert. denied, 495 U.S. 919, 110 S.Ct. 1949, 
 Holding statements: (A) holding that river with depths of 1 to 3 feet and usable by inflatable rafts and small motorboats was navigable (B) holding lake on private land was not navigable in fact and there was no right of public use and enjoyment as lake was not fed by or part of a navigable stream (C) holding that riparians owners have the right of access to the navigable part of the river  the right to make a landing wharf or pier  subject to such general rules and regulations of the legislature (D) holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states (E) holding that congress had the authority under the commerce clause to require private riparian land owners to obtain a license prior to construction of dams even where the river in question was not navigable but could potentially have been made navigable
answer:
(A)


question:
The State Defendants also cite to cases from other circuits refusing to apply Ex Parte Young in suits challenging statutorily-created private rights of action. Okpalobi, 244 F.3d at 416-24; Children’s Healthcare is a Legal Duty, Inc. v. Deters, 92 F.3d 1412, 1416-17 (6th Cir.1996); see also Summit Med. Assocs., 180 F.3d at 1342. Their holdings are unsurprising given that no state officials were charged with enforcing those laws. However, in the case before me, certain state officials are expressly charged with enforcing the law. Indeed, the Eleventh and Sixth Circuits distinguished the cases before them from cases challenging penal laws enforceable by state officials, finding the latter suitable for application of Ex Parte Young. See Summit Med. Assocs., 180 F.3d at 1337-41 (<HOLDING>); Deters, 92 F.3d at 1416 n. 10 (distinguishing 
 Holding statements: (A) holding that the statute as applied violates the commerce clause (B) holding no error occurred in excluding portion of statement offered by defendant because the rejected portion of the conversation in no manner explains or modifies that portion of the conversation which came into evidence (C) holding that an offender convicted under the bestiality portion of the criminal sodomy statute does not have standing to challenge the constitutionality of die portion of the statute that criminalizes homosexual conduct (D) holding that clear language in one portion of a later may cause ambiguity in another portion to dissipate (E) holding that ex parte young applied to plaintiffs claims against the criminal portion of the statute
answer:
(E)


question:
The Court held a hearing on the motion on May 19, 2011. Attorney Dennis J. Mitchell represented Whitesell. There was no appearance on behalf of Defendants Smith Jones, Inc. d/b/a Midwest Manufacturing Co. (Smith Jones) or Amtek Auto Limited (Amtek) (collectively, Defendants) at the hearing. The matter is fully submitted and ready for disposition. I. BACKGROUND “If the court determines that the defendant is in default, his liability to the plaintiff is deemed established and the plaintiff is not required to establish his right to recover. The allegations of the complaint except as to the amount of damages are taken as true.” Brown v. Kenron Alum. & Glass Corp., 477 F.2d 526, 531 (8th Cir.1973) (quotation omitted); see also Stephenson v. El-Batrawi, 524 F.3d 907, 915 n. 9 (8th Cir.2008) (<HOLDING>). On September 30, 2008, Whitesell provided a 
 Holding statements: (A) holding that when deciding a motion for judgment on the pleadings the court must construe the material allegations in the complaint in favor of the nonmoving party as true (B) recognizing that the allegations of the complaint must be accepted as true on a threshold motion to dismiss (C) holding that where the defendant was in default the district court correctly accepted the fact allegations of the complaint as true (D) holding once default was determined the court should have accepted as true all of the factual al legations of the complaint except those relating to damages (E) holding that a court need not accept as true conclusory allegations which are contradicted by documents referred to in the complaint
answer:

(C)