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.

Milwaukee, St. Paul & Pacific R. Co., 318 U.S. 523, 550, 63 S.Ct. 727, 87 L.Ed. 959 (1943); In re Minges, 602 F.2d 38, 39, 44 (2d Cir.1979); Matter of Tilco, Inc., 558 F.2d 1369, 1372 (10th Cir.1977). Indeed, the First Circuit Court of Appeals has referred to the decision to reject or assume an executory contract as within the “discretion” of the trustee. Gulf Petroleum, S.A. v. Collazo, 316 F.2d 257, 260 (1st Cir.1963). It is to be noted that Collazo dealt with the rejection of an agreement for the sale of real estate. Although Collazo was decided prior to the enactment of the Bankruptcy Code, Congress has given no indication that the “business judgment test” should not continue to apply under the present Code. In re A.J. Lane & Co., Inc., 107 B.R. 435, 440 (Bankr.D.Mass.1989) (<HOLDING>). Consequently, in confronting the question of 
 Holding statements: (A) holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable (B) holding that the business judgment test applies to the determination of whether a trustee should be allowed to reject an executory contract for the sale of real estate under  365 (C) holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made (D) holding prospectively that a vendees interest in a real estate contract constitutes real estate within the meaning of the judgment lien statute (E) holding the real estate sale proceeds
(B)

20 . Alaska R. Civ. P. 24(b) ("Upon timely application anyone may be permitted to intervene in an action when an applicant's claim or defense and the main action have a question of law or fact in common.... In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties."). [ 21] 21. State v. Weidner, 684 P.2d 103, 113 (Alaska 1984) (adopting four-part test from Foster v. Gueory, 655 F.2d 1319, 1324-25 (D.C.Cir.1981)). 22 . Harvey v. Cook, 172 P.3d 794, 799 (Alaska 2007). [23] 23. Scammon Bay Ass'n v. Ulak, 126 P.3d 138, 143 (Alaska 2005) (citing Banco Popular de Puerto Rico v. Greenblatt, 964 F.2d 1227, 1231 (Ist Cir.1992)); see also Kirk v. Demientieff, 145 P.3d 512, 520 (Alaska 2006) (<HOLDING>). 24 . Ulak, 126 P.3d at 143. 25 . AOIC's May 
 Holding statements: (A) holding that an attorney may only undertake to represent a new client against a former client  where there is no confidential information received from the former client that is in any way relevant to representation of the current client (B) holding that a law firm could intervene in a former clients action to protect its interest in its contingency fee (C) holding attorneys motion to intervene in former clients tort suit untimely because attorney had clear and early notice that former client would not adequately represent his interests (D) holding that ambiguous agreement between attorney and client must be construed in the clients favor (E) holding that presumption of access to and knowledge of confidential information between attorney and former client notwithstanding attorneys declarations to the contrary may not be rebutted
(C)

(2013) (ex plaining the FDA’s view that “promoting a drug for an off-label use is a violation” of the FDCA’s misbranding provisions). Based on this view, the FDA has recovered millions of dollars in settlements from drug manufacturers that have engaged in off-label promotion. See, e.g., id. at 232 (citing Press Release, U.S. Dep’t of Justice, Justice Department Announces Largest Health Care Fraud Settlement in Its History, (Sept. 2, 2009) (trumpeting a mul-ti-billion dollar fine imposed against a drug company that promoted its drugs for uses and dosages that the FDA specifically declined to approve)). The FDA’s informal interpretation of a statute it administers is entitled to some deference from courts. See Skidmore v. Swift & Co., 323 U.S. 134, 140, 65 S.Ct. 161, 89 L.Ed. 124 (1944) (<HOLDING>). But courts have not always agreed with the 
 Holding statements: (A) holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation (B) holding that an agencys interpretation of its own regulations is entitled to deference (C) holding that deference is owed to state agencys interpretation of state law (D) holding that an agencys informal interpretation of a statute it administers is entitled to deference to the extent it has the power to persuade (E) holding that agency interpretation which is reasonable is entitled to deference

(D)