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.

Q: showing he was denied a constitutional right. Because Weaver's application for a COA raises several claims, it is impossible to glean from the present record which issue(s) the district court thought worthy of appeal. Cf. Murray, 145 F.3d at 1250-51 (determining that while court of appeals could not decide issue not specified in COA, it could "construe the issue specification in light of the pleadings and other parts of the record"). Therefore we must remand the record for the district court to specify the issue or issues for appeal. See Muniz v. Johnson, 114 F.3d 43, 46 (5th Cir.1997); Lyons v. Ohio Adult Parole Auth., 105 F.3d 1063, 1076 (6th Cir.1997); Hunter v. United States, 101 F.3d 1565, 1584 (11th Cir.1996); but cf. Tiedeman v. Benson, 122 F.3d 518, 522 (8th Cir.1997) (<HOLDING>). It is so
Holding statements: (A) holding remand for specification of issues unnecessary where clear from briefing appellant had not made substantial showing he was denied any constitutional right (B) holding right to testify was federal constitutional right (C) holding that appellant had waived any objection to an instruction that he had himself introduced and which was amended by the state without objection from appellant (D) holding that application of section 9711h as amended did not deprive appellant of any constitutional right (E) holding that where appellant acknowledged timely receiving notice by regular mail appellant appeared and fully participated at the trial and appellant made no claim that he was harmed in any way appellee had fulfilled the primary purposes of texrcivp 21a

A: (A)
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Q: that on her return a company manager told Watson in a four-hour meeting in which she cried constantly that she was a poor and incompetent supervisor; that a manager transferred supervisory duties away from her and told her to go home; and that a personnel manager told her that she was considered a bitch and that she could either resign or be demoted to a position in which she would be supervised by her subordinate trainees. We believe that these facts, though covering a shorter period than that in Nolan, could constitute the necessary aggravating factors such that a trier of fact could (but not necessarily would) conclude that a reasonable person would find the conditions so intolerable and discriminatory as to justify resigning. See Ford v. Alfaro, 785 F.2d 835, 841-42 (9th Cir.1986) (<HOLDING>); Bailey v. Binyon, 583 F.Supp. 923, 924-25,
Holding statements: (A) holding claims based on the fair labor standards act subject to arbitration (B) holding in a fair labor standards act case that a constructive discharge occurred when an employee was physically threatened on one occasion harassed over the next two weeks and not given sufficient work instructions to perform his job (C) holding right to liquidated damages under fair labor standards act nonwaivable (D) holding that discriminatory pay reduction under fair labor standards act does not constitute continuing violation (E) holding that the otca limitations period applied to a claim alleging a breach of the fair labor standards act by the state

A: (B)
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Q: stressed, as to a claim involving a private right. Granfinanciera, 492 U.S. at 54-55, 109 S.Ct. at 2797. In the present case, as in Granfinanciera, the action to recover a preference seeks only legal relief, in the form of money damages. Further, Growers Packing has not filed a claim against the bankruptcy estate. In addition, the claim does not appear to involve a public right, but rather stems from an underlying breach of contract dispute involving a private right. Accordingly, the Court concludes that the Seventh Amendment guarantees the right to a jury trial on this claim, even though a proceeding to recover a preference is deemed "core" under the Bankruptcy Code. See also Friedman v. Gold Advice, Inc. (In re Fort Lauderdale Hotel Partners, Ltd.), 103 B.R. 335 (Bankr.S.D.Fla.1989) (<HOLDING>). Cf. In re Sunco, Inc., 113 B.R. 764
Holding statements: (A) holding that declaratory judgment requiring party to pay a specific sum of money is properly characterized as a money judgment (B) holding that preferential transfer claim was not entitled to jury trial but without any discussion of nature of relief sought or whether a claim against the bankruptcy estate had been filed (C) holding preference claim legal in nature where relief sought was for a definite sum of money (D) holding that where plaintiff sought only equitable relief up through the end of trial and only added claim for legal relief posttrial defendant was entitled to demand jury once legal claim was asserted (E) holding that the eleventh amendment applies regardless of the nature of the relief sought

A:
(C)
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