instruction:
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.
question:
also have not obtained approval from any federal, state, or local government agency, which is a prerequisite for doing business in the heavily regulated alcohol industry. See, e.g., Adolph Coors Co. v. Bentsen, 2 F.3d 355, 356 (10th Cir.1993) (citing 27 U.S.C. §§ 201-11); Fedway Assocs., Inc. v. United States Treasury, Bureau of Alcohol, Tobacco & Firearms, 976 F.2d 1416, 1418 (D.C.Cir.1992) (citing same); Delaware Alcoholic Beverage Wholesalers, Inc. v. Ayers, 504 A.2d 1077, 1078-80 (Del.1986) (citing Del.Code Ann. tit. 4, § 101 et seq. (1984)). In the face of these multiple contingencies, the court cannot conclude that this case is ripe for decision. See Kiser v. Johnson, 404 F.Supp. 879, 886 (M.D.Pa.1975); cf. Abbott Labs. v. Zenith Labs., Inc., 934 F.Supp. 925, 938 (N.D.Ill.1995) (<HOLDING>). To paraphrase the Polaroid court, if this 
 Holding statements: (A) recognizing that although the fourth circuit has not yet addressed the issue partial discharge may be granted to the extent that it would be an undue hardship for the debtor to have to pay that portion of the loan that is to be discharged (B) recognizing that even if approval by the food and drug administration could be obtained within three months this approval had yet to be granted at the time of the courts decision and there was no guarantee that the  approval would be forthcoming on any particular date in the future (C) holding that the date of the offense was material to the defense where defendant could not have anticipated from the date specified in the indictment that the state would present evidence that the crime occurred nearly two months later (D) holding that decision of this court unless or until overturned by this court en banc the  federal circuit or the supreme court is a decision of the court on the date it is issued any rulings interpretations or conclusions of law contained in such a decision are authoritative and binding as of the date the decision is issued and are to be considered and when applicable are to be followed by va agencies of original jurisdiction the board and the secretary in adjudicating and resolving claims (E) holding that where approval of the board of directors was not formally requested a demand would have been futile for it could hardly be expected that if approval of the board of directors were sought defendant who controlled 50 of the board would have authorized the action against himself
answer:
(B)


question:
language, by its express terms, releases only the Club and the Designer. It does not release the Manufacturer either by name or subject matter. 3. Pre-versus-Post-injury Releases In a different line of argument, appellees argue a release mentioning general subject matter is enough to release any and all claims even marginally related to that subject matter. Appellees contend that because the clause releases liability “from injuries or damages arriving [sic] out of or connected with [Sydlik’s] attendance” it necessarily includes any and all claims resulting from an injury connected with Sydlik’s attendance at the gym — in essence all of Sydlik’s claims in this case. As support, appellees cite Memorial Medical Center of East Texas v. Keszler, 943 S.W.2d 433, 435 (Tex.1997) (per curiam) (<HOLDING>). Appellees fail to address two problems with 
 Holding statements: (A) holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release (B) holding that a general release of all claims did not operate by its terms to bar prospective antitrust claims nor could it in view of public policy (C) holding that a release covering all claims relating to keszlers relationship with the hospital was enough to release claims arising out of exposure to hazardous materi als (D) holding that a release between two parties cannot bind a thirdparty who was a stranger to the release (E) holding that a release of unknown claims has no effect in the absence of evidence apart from the words of the release
answer:
(C)


question:
tail wagging the dog. Certainly contracting parties such as the parties in this case, who entered an agreement to refer “all claims, disputes, and matters arising out of or relating to this Agreement” to an arbitrator, intended this definition to include issues of contractual validity. However, if the court were to accept the Plaintiffs proposed application of the law, then any party who disputed the validity of the contract and was opposed to arbitration could file 22 (11th Cir.2007) (“Thus, even a party’s claim that a usurious finance charge renders the contract as a whole void ab initio is for the arbitrator, not the court, to decide, and is no defense to a motion to compel arbitration.”); Lucey v. FedEx Ground Package Sys., Inc., 2007 WL 3052997 at *4 n. 6 (D.N.J. Oct. 18, 2007) (<HOLDING>). In the present case, Plaintiff has not 
 Holding statements: (A) holding that an arbitration clause was not unconscionable because it did not unreasonably favor the defendants (B) holding that because respondents challenged a contract broadly without challenging the arbitration clause specifically challenge must be considered by an arbitrator (C) holding an entire arbitration clause is void and arbitration cannot be compelled where contract contained unconscionable clause and has a nonseverability clause (D) recognizing exception to general rule that disputes arising under contract with valid arbitration clause are referred to arbitrator (E) holding that where a contract containing an arbitration clause is challenged as unconscionable those disputes should first be resolved by an arbitrator
answer:

(E)