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.

Ex Input:
Def.’s Mot., Ex. E, Gaskins’ Decl. ¶ 5. Although plaintiff said that he “heard the rumor about [the cubicle] being unsafe[,]” he contends that the cubicle was not in disrepair and was removed solely in retaliation for his EEO complaint. Def.’s Mot., Ex. A, Jones Dep. at 113, 115. However, plaintiff did not testify that he was unable to complete his work assignments; rather, he testified that the result of the cubicle being dismantled was that he “had no place to put none of [his] stuff[,]” which included “records and stuff[,]” although he testified that the cubicle was replaced with a desk, albeit a small one. Id. at 114-15. These facts do not support a finding of an adverse action sufficient to establish a prima facie case of retaliation. See, e.g., Brodetski, 141 F.Supp.2d at 45 (<HOLDING>) (citation omitted). III. Conclusion For the 
 Holding statements: (A) holding that the administrative transfer of a teacher which denied him the opportunity to teach his preferred subject could constitute an adverse employment action (B) holding that plaintiff s allegations that defendants denied him his right to choose a new workstation on two occasions do not constitute adverse employment actions even if they made plaintiff feel slighted or wrong (C) recognizing that employment actions can be adverse even if such actions are subsequently withdrawn (D) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false (E) recognizing that a set of actions may constitute an adverse employment action when considered collectively even though some actions do not rise to the level of an adverse employment action individually

Ex Output:
(B)


Ex Input:
diligent effort' requires such pointed measures as an examination of telephone company records, utility company records, and records maintained by the county treasurer, county recorder, or similar ree-ord keepers."). {47 Here, the motion for publication Brown filed in 1978 states that "search has been made of the public records of the County of Weld and County of Morgan, State of Colorado." Such a search, if undertaken with reasonable diligence, should have resulted in the discovery of the 1950 Deeds, as they were readily available matters of public record and part of the relevant chain of title. Each document identified Tulsa, Oklahoma, as the city of the Gadbois' residence. Brown could-and should-have discovered this information. See In re Colon, 563 F.3d 1171, 1178 (10th Cir.2009) (<HOLDING>) 4 48 Sunﬂarly, Brown could-and should-have 
 Holding statements: (A) holding that implied easement arose because each deed in chain of title referenced community plan (B) holding that a typographical error in a security deed does not necessarily invalidate the legal description when the deed also referred to the propertys physical address (C) holding that trustees have a duty to exercise the same judgment and prudence that a careful owner would exercise in the sale of his own property (D) recognizing that a per son exercising reasonable prudence and diligence in examining propertys chain of title would have located a deed containing a misstatement in its descmptlon of the property (E) recognizing that the right to seek reformation of a deed is limited to the original parties to the deed and their successors in title

Ex Output:
(D)


Ex Input:
to serve a particular area, a telephone company must obtain a certificate of convenience and necessity from the KCC. K.S.A. 66-131. The KCC is vested with discretion in this area to regulate telephone companies in order to maintain a statewide telecommunications system and to provide for efficient and effective service to communities in Kansas. Therefore, any municipal franchisee must still obtain KCC approval to serve its franchised area. The power of a city to grant franchises does not confer upon that city any power to decide whether a telephone company should be granted a certificate of convenience and necessity. See K.S.A. 12-2002 (stating that the Franchise Act does not affect the jurisdiction of the KCC); City of New Strawn v. Kansas Corporation Commission, 5 Kan. App. 2d at 635 (<HOLDING>). That power was specifically vested in the KCC 
 Holding statements: (A) holding that restrictive covenants in franchise agreements are enforceable to protect the basic product which the franchisor has to sell namely the franchise itself   (B) holding that franchisor has an interest in the goodwill its franchise has created (C) holding that the power of a federal court to hear and to determine statelaw claims in nondiversity cases depends upon the presence of at least one substantial federal claim in the lawsuit  and the district court has considerable authority whether or not to exercise this power in light of such considerations as judicial economy convenience fairness to litigants and eomity  (D) holding that the kcc has the power to deny a certificate of convenience and necessity regardless of whether the city has granted a franchise (E) recognizing that the legislature has the sole power of enacting law

Ex Output:

(D)