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:
to the federal district court, see 28 U.S.C. 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a "fire code official" under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants' motion and dismissed Preston's case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston's appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927
Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc 7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte
answer:
(E)

question:
no indication that Mexican law should govern the claims at issue. Thus, under Texas's most significant relationship test, American law is likely to govern the merits issues, and this factor weighs against dismissal on the basis of forum non conveniens. 4. Application of Foreign Law Although American law is likely to govern the merits, it appears that Mexican law will be relevant to collateral issues such as the nature of the property that is the subject of the contract. An American forum would nevertheless be capable of handling the difficulties posed by Mexican fideicomiso law should the court need to do so. Indeed, American forums have competently adjudicated matters involving Mexican fideicomiso property interests on other occasions. See Gale v. Camrite, 559 F.3d 359 (5th Cir.2009) (<HOLDING>); Brady v. Brown, 51 F.3d 810 (9th Cir.1995)
Holding statements: (A) holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages (B) holding that a seller did not breach its contract by averring that there would be no tax liability incurred by the sale of a baja california sur condominium owned pursuant to fideicomiso law (C) holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation (D) holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action (E) holding immaterial breach did not constitute breach of contract
answer:
(B)

question:
specific performance of an earnest money agreement. Id. at 1019. In that case, the plaintiffs had failed to make a payment in accordance with the parties' contract and the defendant, consequently, refused to convey the property. Id. at 1020. The plaintiffs sought specific performance of the purchase contract, and the defendant was, therefore, required to defend by showing that the plaintiffs did not perform their contractual obligations. Id. at 1028. Since the defendant did not disaffirm the contract, but chose, instead, to rely on the terms of the contract, the Oregon Supreme Court ruled that the defendant was entitled to recover his attorneys' fees under the fee-shifting provision of the contract. Id. See also Oral Roberts University v. Anderson, 11 F.Supp.2d 13836 (N.D.Okla.1997) (<HOLDING>); Weter v. Archambault, 313 Mont. 284, 61 P.8d
Holding statements: (A) holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract (B) recognizing that a school district must be a prevailing party in order to be entitled to attorneys fees under the idea (C) holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees (D) holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute (E) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees
answer:
(A)