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. 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.
question:
Executone Info. Sys., Inc. v. Davis, 26 F.3d 1314, 1320 (5th Cir.1994))). 17 . See Executone, 26 F.3d at 1320 ("We must sustain an arbitration award even if we disagree with the arbitrator's interpretation of the underlying contract as long as the arbitrator's decision 'draws its essence' from the contract." (internal quotation marks and citation omitted)). 18 . See also Parsons & Whittemore, 744 F.2d at 1483-84 (recounting that the arbitration panel awarded postjudgment interest at state statutory rate). 19 . We construe the parties' intentions "generously" to determine whether they agreed to arbitrate a particular issue. See Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985). 20 . Cf. Newmont, 615 F.3d at 1272, 1276 (<HOLDING>). 21 . Riebesell, 586 F.3d at 794;
Holding statements: (A) holding that court should consider issues relating to making and performance of agreement to arbitrate (B) holding that because the parties agreed to arbitrate and both placed the issue before the arbitrator the issue of consolidation was for the arbitrator (C) holding that because the parties agreed to arbitrate the particular issue any doubt about who should decide the consolidation issue was resolved in favor of the arbitrator (D) holding that companys contention that union repudiated the agreement to arbitrate a particular dispute was a matter for the arbitrator and not the court to decide (E) holding that agreement to arbitrate any dispute arising out of contract authorized arbitrator to decide postjudgment interest issues
answer:
holding that court should consider issues relating to making and performance of agreement to arbitrate

question:
created a policy or custom under which unconstitutional practices occurred, or allowed the continuance of such a policy or custom, (4) the defendant was grossly negligent in supervising subordinates who committed the wrongful acts, or (5) the defendant exhibited deliberate indifference ... by failing to act on information indicating that unconstitutional acts'were occurring. Id. at 127 (citing Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995)). The Supreme Court's decision in Iqbal, 556 U.S. 662, 129 S.Ct. 1937, which found that a supervisor can be held liable only "through the official's own individual actions," id. at 676, 129 S.Ct. 1937, arguably casts doubt on the continued viability of some of the categories set forth in Hastings On Hudson and Colon. See Grullon, 720 F.3d at 139 (<HOLDING>). For the purposes of this case, however, it is
Holding statements: (A) holding the same with respect to an apartment (B) holding that no heightened showing is required (C) holding the same with respect to violations of the fifth amendment (D) recognizing that opinion work product subject to discovery upon heightened showing of compelling need (E) recognizing chat iqbal may have heightened the requirements for showing a supervisors personal involvement with respect to certain constitutional violations
answer:
holding the same with respect to an apartment

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designation of "Defendants" refers to James P. Brines and Joyce L. Brines, husband and wife, and William L. Gehrs Jr., and Betty Jo Gehrs, husband and wife. 2 . Details of the real estate transaction and descriptions of the contract documents may be found in Brines I and are only repeated here when required to understand the issues presented. 3 . Defendants sought joinder of Meekers as "parties plaintiff." The trial court merely sustained the joinder motion without designating Meekers' status. Even so, the trial court and the parties themselves have consistently referred to Meekers as "defendants." Because of the peculiar circumstances, however, the more appropriate designation of Meekers is "counterclaim defendants." 4 . See e.g. Davis v. Allen, 740 S.W.2d 699, 700[3] (Mo.App.1987) (<HOLDING>); Farrell v. DeClue, 382 S.W.2d 462, 466[1]
Holding statements: (A) holding that when a state sues on behalf of its residents without a sovereign or quasisovereign interest it is only a nominal party and thus not the real party in interest (B) holding a judgment aggrieves a party if it directly affects some pecuniary or property interest that the party possesses (C) holding that a third party holding legal title to property is a necessary party in an action for equitable distribution (D) holding that a party does not automatically qualify as a real party in interest merely because it has been named as a defendant in a declaratory judgment action (E) holding that even assuming government was a party in interest in the delaware case and that the party in interest status was sufficient to make the delaware plan binding upon it the government did not receive adequate notice that confirmation might affect its pecuniary interest
answer:
holding that when a state sues on behalf of its residents without a sovereign or quasisovereign interest it is only a nominal party and thus not the real party in interest