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.

This Court has reviewed these decisions and is in agreement with their reasoning and conclusions that the public policy exception does not give rise to a protected property interest in continued employment in this case. Likewise, the implied covenant is not the source of a protected property interest. The implied covenant of good faith and fair dealing applies to at-will employment and affords an employee the right to be dealt with fairly and in good faith. See Cantwell v. City of Boise, 146 Idaho 127, 191 P.3d 205, 213-14 (2008). Breach of the covenant may give rise to an action for wrongful termination but it does not convert at-will employment to term employment nor form the basis for a protected property interest. See Hollister v. Forsythe, 22 F.3d 950, 952-52 (9th Cir.1994) (<HOLDING>); Willnerd v. Sybase, Inc., No.
Holding statements: (A) recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate (B) recognizing cause of action for implied covenant of good faith and fair dealing in atwill employment contract (C) holding an implied covenant of good faith and fair dealing was insufficient to create a property interest in continued employment under montanas statutory scheme for at will employment (D) holding that the implied covenant of good faith and fair dealing is limited to performance under a contract (E) recognizing that evidence of breach of implied covenant of good faith and fair dealing may support punitive damages
recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate

In my judgment, it is extremely doubtful that the obviously dispensable involvement of the judiciary in the intermediate stages of a procedure that begins and ends in the Executive Branch is a proper exercise of judicial power. See Gordon v. United States, 117 U. S. Appx. 697, 702-703 (1864) (opinion of Taney, C. J.); United States v. Ferreira, 13 How. 40, 48 (1852). It may well follow that the misguided opinion of today's majority has nothing more than an advisory character. Whether or not that be so, the better rea soning in Justice Souter's far wiser and far more scholarly opinion will surely be the law one day. For these reasons, as well as those set forth in Justice Souter's opinion, I respectfully dissent. 1 See, e. g., Pennsylvania v. Union Gas Co., 491 U. S. 1 (1989) (<HOLDING>); In re Merchants Grain, Inc., 59 F. 3d 630
Holding statements: (A) holding that an action by plaintiffs who had a legal obligation to conduct cleanup pursuant to a 106 order and then sought costs for cleanup from other prps was the quintessential action for contribution (B) holding that a federal court may order a state to pay cleanup costs pursuant to the comprehensive environmental response compensation and liability act of 1980 (C) holding that response costs can be necessary even though the agency that required cleanup never approved the response actions taken (D) holding that bankruptcy court may enjoin state environmental reclamation order (E) holding that debtor was liable to the commonwealth for past and future cleanup costs
holding that an action by plaintiffs who had a legal obligation to conduct cleanup pursuant to a 106 order and then sought costs for cleanup from other prps was the quintessential action for contribution

Inc., 213 W.Va. 667, 584 S.E.2d 523 (2003) (per curiam). Syl. Pt. 3, Shafer v. Kings Tire Service, Inc., 215 W.Va. 169, 597 S.E.2d 302 (2004). Cognizant of these standards, we turn to the substantive issues presented. III. DISCUSSION A Fair Value Determination Out the outset, we may quickly dispose of appellees' argument that the instant appeal of the circuit court's fair value determination of the PRF stock is untimely. Ap-pellees argue that the circuit court's April 6, 2006, order setting the value of the shares of PRF stock "approximates a final order in its nature and effect" and, thus, was required to be appealed with four months of its entry pursuant to Rule 3(a) of the Rides of Appellant Procedure. See, Syl. Pt. 2, Durm v. Heck's, Inc., 184 W.Va. 562, 401 S.E.2d 908 (1991) (<HOLDING>). However, simply because an order may be
Holding statements: (A) holding that an order was interlocutory in nature despite the trial courts certification of the order as a final appealable judgment (B) holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants (C) holding that because trial courts order did not dispose of the defendants counterclaim that order was not a final judgment that would support an appeal (D) holding that the absence of language in an order indicating that there is not just reason for delay pursuant to rule 54b of the west virginia rules of civil procedure does not bar appeal of the order so long as this court can determine that the circuit courts ruling approximates a final order in its nature and effect (E) holding that an order which purports to become final upon the happening of an event specified in the order is not a final order and the happening of the event does not operate to render the order final
holding that an order was interlocutory in nature despite the trial courts certification of the order as a final appealable judgment