TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (D)

PROBLEM: industry is constitutional.” Reply [# 29] at 3. Defendants maintain that “the Court may not rely on a federal regulation (9 C.F.R. § 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established.” Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS’ powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA’s warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely 
 Holding statements: (A) holding that the fourth amendment protects property as well as privacy (B) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (C) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause (D) holding a person may consent to warrantless searches as a condition of a suspended sentence (E) holding there is no requirement that the government obtains a warrant at the first moment probable cause exists  the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances

SOLUTION: (B)

PROBLEM: on Fourth Amendment grounds. 2. Standing Conferred by the Statute The government further asserts that the defendants lack standing to challenge the subpoenas because “DOC was the target of the subpoena, not the defendants.” Gov’t’s Reply at 4. The government’s position finds direct support in the decisions of two circuit courts. In United States v. Moffett, 84 F.3d 1291 (10th Cir. 1996), the Tenth Circuit concluded. that a criminal defendant who was not the direct recipient of a subpoena issued pursuant to § 876 was not “in the zone of interest the statute is meant to protect” and thus had no standing to challenge the subpoena, id. at 1293. Citing Moffett, the Ninth Circuit subsequently came to the same conclusion. See United States v. Plunk, 153 F.3d 1011, 1020 (9th Cir. 1998) (<HOLDING>). These out-of-circuit authorities must be 
 Holding statements: (A) holding that the government had not produced evidence that the defendant intended to influence an official proceeding because the evidence showed only that he intended to influence the state civil proceedings that he had brought against his insurance agency (B) holding the defendant does not possess statutory standing to attack the subpoena  because he has not demonstrated that he was within the zone of interests intended to be protected by  876a (C) holding that the plaintiff did not have standing because it was not able to demonstrate how its economic interests fell within the zone of interests protected by the nhpa (D) holding that as title vi is a remedial statute the zone of interests to be protected  must be construed broadly (E) holding that the plaintiffs did not fall within the zone of interests protected by the tcpa because they attempted to use the statute in a way not intended or contemplated by congress and because their damages are not of the vexatious and intrusive nuisance nature sought to be redressed by congress in enacting the tcpa

SOLUTION:
(B)