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.

Athletic Ass’n, 980 F.2d 382, 386-87 (6th Cir.1992). The district court below also acknowledged this interest as a substantial one. TSSAA’s other two justifications, however, are very much in dispute. Brentwood, for example, argues that there is no support in the record for the proposition that student athletes need protection from exploitation. The district court agreed. It concluded that TSSAA offered no proof that exerting undue influence on middle school athletes to recruit them for athletic purposes actually harms those students. Proof of actual harm, however, is not required in order to recognize a state actor’s interest in preventing reasonably anticipated harm. See Watchtower Bible & Tract Soc’y of N.Y., Inc. v. Village of Stratton, Ohio, 240 F.3d 553, 565-66 (6th Cir.2001) (<HOLDING>). Finally, TSSAA’s newly asserted interest in a 
 Holding statements: (A) holding that the village could regulate doortodoor solicitation based on a fear of an anticipated harm without proof of actual harm (B) holding that likelihood of irreparable harm must be based on evidence in the record not unsupported and conclusory statements regarding harm the plaintiff might suffer (C) recognizing  1951 includes fear of economic harm (D) holding that because persecution cannot be based on a fear of psychological harm alone petitioner was ineligible for withholding of removal based on the psychological harm she would suffer if her us citizen daughter were to undergo fgm (E) holding that an essential element of a claim of legal malpractice pursued under either a contract or trespass theory is proof of actual loss rather than breach of a professional duty causing only nominal damages speculative harm or the threat of future harm
(A)

omitted)). This is a fact-intensive inquiry that requires a finder of fact to consider numerous relevant factors, including “substantially identical management, business purpose, operation, equipment, customers, supervision, and ownership.” Int’l Union of Operating Eng’rs, Local 150, AFL-CIO v. Rabine, 161 F.3d 427, 433 (7th Cir.1998). Intent to evade union obligations, though not the keystone to proving alter ego in some other circuits, is the most critical factor in the Seventh Circuit. Compare Trs. of Pension, Welfare & Vacation Fringe Benefit Funds of IBEW Local 701 v. Favia Elec. Co., 995 F.2d 785, 789 (7th Cir.1993) (quoting Centor Contractors, 831 F.2d at 1312), with Rd. Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO v. Dorn Sprinkler Co., 669 F.3d 790, 794 (6th Cir.2012) (<HOLDING>). 1. Ownership, management, operation, and 
 Holding statements: (A) holding that collective bargaining agreements cannot compel the arbitration of statutory rights (B) holding that intent to evade collective bargaining obligations is merely one factor among many that must be considered (C) holding that exercising control over other participants is one factor among many that should be considered not a requirement for applying the adjustment (D) holding that a debtorinpossession could reject a collective bargaining agreement (E) holding terms of collective bargaining agreement only a factor in weighing reasonableness of accommodation
(B)

with the same deficiency — the court should strike his pleading or, depending on the circumstances, dismiss his case and consider the imposition of monetary sanctions.”). We are not, however, convinced that the instant case was one with respect to which a dismissal with prejudice was appropriate under the circumstances. Moreover, a complaint — so long as it is minimally sufficient to put a defendant on notice of the claims against him — will not fail for mere surplusage. See United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 378 (7th Cir.2003) (“Surplusage can and should be ignored. Instead of insisting that the parties perfect their pleadings, a judge should bypass the dross and get on with the case.”); Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir.2001) (<HOLDING>). We have recognized that “[pleading facts not 
 Holding statements: (A) holding it was not an abuse of discretion to exclude testimony (B) holding failure to exercise discretion is abuse of discretion (C) holding that the appropriate standard of review is abuse of discretion (D) holding that it is an abuse of discretion  to dismiss a complaint merely because of the presence of superfluous matter (E) holding it was not an abuse of discretion to deny funds

(D)