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: 393 N.W.2d 286, 290-91 (S.D.1986). • GILBERTSON, Chief Justice, (dissenting).. [¶ 26.] I respectfully dissent. I would reverse the lower court on Issue 2. I would hold the trial court erred when it granted partial summary judgment to 01-esens, holding City’s operation of food service at the municipal bar was an ultra vires act. [¶27.] An express grant of authority from the legislature “includes those incidental or implied powers that are necessary to enable a municipality to perform the function authorized.” City of Rapid City v. Rensch, 77 S.D. 242, 246, 90 N.W.2d 380, 383 (1958) (citation omitted). A municipality is vested with discretion as to how it exercises specific powers conferred upon it by the legislature, as long as the methods employed are n , 59 N.W.2d 732, 734 (1953) (<HOLDING>). Actions taken under a municipality’s implied 
 Holding statements: (A) holding municipality had implied authority to enter into a long term contract to establish a golf course although state statute did not specifically grant authority to establish golf courses as public parks (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority (D) holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority (E) holding the court has the inherent authority to enter an order of confidentiality

Output: (A)


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: the ADA “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Wisconsin Cmty. Servs., Inc. v. City of Milwaukee, 465 F.3d 737, 750 (7th Cir.2006) (citing 42 U.S.C. § 12101(b)(1), (b)(4)). The Act “forbids discrimination against persons with disabilities in three major areas of public life: (1) employment, which is covered by Title I of the statute; (2) public services, programs and activities, which are the subjects of Title II; and (3) public and private lodging, which is covered by Title III.” Id. (citations omitted). It is now well-settled that prisons and correctional facilities are covered by Title II. Pennsylvania Dept. of Corrections v. Yeskey, 524 U.S. 206, 213, 118 S.Ct. 1952, 141 L.Ed.2d 215 (1998) (<HOLDING>). In order to prove a violation of Title II, 
 Holding statements: (A) holding prison official must have acted with reckless disregard for the inmates safety (B) holding that the plain text of title ii of the ada unambiguously extends to state prison inmates (C) holding that prison walls do not form a barrier separating prison inmates from the protections of the constitution (D) holding that state could be liable under ada for inaccessibility of company it contracted with to provide state inmates with jobs (E) holding that error was plain when the district courts ruling was obviously contrary to the text of a federal statute


Output: (B)