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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: until they were “in close proximity.” Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court’s choice of language in affirming its “implicit” findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he “does not yield” to the officers’ show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action— not passivity — has been the touchstone of our an h Cir.2010) (noting that, “for a person who is moving, to ‘yield’ most sensibly means to stop”), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe 
 Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive  gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept

Answer: holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded


Question: to allege damages through June 30, 2006 is the focus of their motion.”). Because the Government does not oppose Plaintiff supplementing the September 4, 2009 Complaint to seek damages through the end of 2009, the issue before the court is whether Plaintiff may supplement to allege a claim for damages incurred through December 31, 2009, or through December 31, 2010. See System Fuels, 73 Fed.Cl. at 211 (“Supplementation may be limited or curtailed to avoid prejudice.” (citation omitted)). Although Plaintiff may have given the Government an estimate of 2010 damages as early as July 2010, Plaintiff did not identify the specific 2010 damages claimed or provide the Government with supporting documentation of those damages until April 20, 2011 — t 4 Fed.Cl. 727 (2006) (“SMUD III") (<HOLDING>), aff'd in part, rev'd in part, 293 Fed.Appx. 
 Holding statements: (A) holding that smud is entitled to 53159863 in mitigation costs but staying entry of judgment pending the outcome of this proceeding (B) holding that smud was entitled to 39796234 in damages (C) holding that a plaintiff is entitled to either statutory treble damages or punitive damages whichever is the greater (D) holding that plaintiff was not entitled to a presumption of nominal damages when she had failed to request them (E) holding that smud was entitled to mitigation damages for costs incurred from may 15 1997 to december 31 2003

Answer: holding that smud is entitled to 53159863 in mitigation costs but staying entry of judgment pending the outcome of this proceeding


Question: of others that in some respects conflict with some of Thomas’s public statements that were contained in his authorized biography. Moreover, the article does not challenge the principal claims made by Thomas, but rather permits the reader to draw his own conclusions regarding some of the relatively minor details. See Partington v. Bugliosi, 56 F.3d 1147, 1152 n. 9 (9th Cir.1995) (citing with approval Chapin v. Knightr-Ridder, Inc., 993 F.2d 1087, 1094 (4th Cir.1993), which held that a publication offering alternative versions of facts does not give rise to a defamatory implication); see also Chapin, 993 F.2d at 1094 (“[I]nquiry itself, however embarrassing or unpleasant to its subject, is not accusation.”); Phantom Touring, Inc. v. Affiliated Publ’n., 953 F.2d 724, 731 (1st Cir.1992) (<HOLDING>). Further, as the district court correctly 
 Holding statements: (A) holding that no defamatory implication existed because the authors readers implicitly were invited to draw their own conclusions from the mixed information provided (B) holding no defamation existed (C) holding that identical instruction was sufficient to ensure that the jury would not draw improper conclusions from the preservation of their anonymity (D) holding that rico claims were personal and plaintiffs were therefore entitled to sue on their own because their injuries were distinct from the injuries to creditors in general resulting from the diversion of corporate assets (E) holding no liability existed under the circumstances

Answer:
holding no defamation existed