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.

evidence showing that the defendants used the mark selectively or that they failed to use it pervasively in all their commercial dealings, even if these dealings were low in volume. Furthermore, though the Allard Court granted ownership rights to the defendants based only on oral testimony of various "solicitations" and insubstantial documentary evidence of prior use, the Court noted that there was also good evidence of widespread public recognition of the defendants' use of the service mark. Evidence of public recognition is only necessary in cases requiring proof of secondary meaning, but such evidence may be probative of a party's actual use of a mark in cases where secondary meaning is not required. See id.; see also Florida v. Real Juices, Inc., 330 F.Supp. 428, 431 (M.D.Fla.1971) (<HOLDING>). Public recognition is probative of a party's
Holding statements: (A) holding that the burden is on the plaintiff (B) holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff (C) holding that the plaintiff established a right to a slogan based on evidence of public recognition of its use by the plaintiff (D) holding that a plaintiff had established a primafacie failuretohire case notwithstanding evidence that the position sought by the plaintiff was ultimately filled with a person of the same race as the plaintiff (E) holding that mere use of a road will not make a road a public road even though such use is with the knowledge and consent of the landowner unless the use is accompanied by recognition by public authority or by its maintainance sic
(C)

until after the interview ended. Defendants therefore contend that we should ignore contrary testimony by Whalen and Connelly. On summary judgment, however, we do not merely accept the plaintiff's contentions as true. Instead, we must draw all justifiable inferences in the nonmovanfs favor. There is no requirement that inferences favorable to the plaintiff may only be based on evidence that she has submitted to us. Here, the justifiable inference favorable to plaintiff is that a question of fact exists regarding this issue. 6 . The Supreme Court's plurality decision in Al-bright casts some doubt on whether a plaintiff may state a claim for coercion of a confession under both the Fifth and the Fourteenth Amendments. See Albright,-U.S. at-,-,-, -, 114 S.Ct. at 813, 814, 817, 820-21 (<HOLDING>). The Second Circuit has stated that Albright
Holding statements: (A) holding that false arrest supports a claim against state police under 1983 because it violates the fourth amendment (B) recognizing 1983 substantive due process claim (C) holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed (D) holding that warrantless arrest based on probable cause did not violate the fourth amendment (E) holding in five separate opinions that 1983 claim based on persons arrest cannot be brought under substantive due process where more specific constitutional provision fourth amendment applies
(E)

as a predictor of actual movements because it was predicated on data depicting actual bighorn sheep movements. Given the model's Payette data-based origin, the Forest Service could reasonably assume that its predictions were sufficiently reliable to satisfy NEPA. Ultimately, the Forest Service used top-rate model designers; relied on peer-reviewed methodologies applied by other bighorn researchers addressing similar issues; and incorporated on-the-ground data of bighorn sheep movements within the Payette. Given the foregoing, and in light of the deference owed to the agency when undertaking technical analysis within its purview, the Forest Service's reliance on the risk of contact model was not arbitrary, capricious, or an abuse of discretion. Cf. Lands Council, 537 F.3d at 990-94 (<HOLDING>). 2. Disease model Wool Growers asserts two
Holding statements: (A) recognizing that the forest service supervisor had authority to issue orders pursuant to 36 cfr 26150 (B) holding under basic principles of property law that easement rights are subject to regulation by the forest service as the owner of the servient estate (C) holding in suit under the administrative procedure act challenging us forest service approval of forest development plan that injury to aesthetic conservational or recreational interests is sufficient to confer standing (D) holding that the forest service did not act arbitrarily and capriciously by failing to verify its model with ontheground data (E) holding the ihsaa did not act arbitrarily or capriciously in granting student limited eligibility
(D)