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.

Q: Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, "automatic." However, it also suggests that the proper procedure is for the district court expressly to "convert" a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth
Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties

A: holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them
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Q: in cases decided under the Bankruptcy Code. See, e.g., In re Meyers, 616 F.3d 626, 628 (7th Cir. 2010) (characterizing the Segal standard as a "background rule under the old Bankruptcy Act, to which courts still refer in the era of the Bankruptcy Code"); Andrews, 80 F.3d at 910-11 (applying the Segal standard to determine whether post-petition payments under a pre-petition non-compete agreement were property of the debtor's estate); Ryerson, 739 F.2d at 1423 (concluding the Bankruptcy Code "follows Segal insofar as it includes after-acquired property 'sufficiently rooted in the prebankruptcy past' but eliminates the requirement that it not be entangled with the debtor's ability to make a fresh start"). But see Burgess v. Sikes (In re Burgess), 438 F.3d 493, 498 (5th Cir.2006) (en banc) (<HOLDING>). 13 . Although the parties frame the issue as
Holding statements: (A) holding that the eleventh amendment does not bar a bankruptcy court from issuing a money judgment against a state under the bankruptcy code (B) holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code (C) holding that the question of whether an interest is a claim for bankruptcy purposes is to be resolved by reference to the text history and purpose of the bankruptcy code (D) holding although congress has specifically approved of segals result segals sufficiently rooted test did not survive the enactment of the bankruptcy code footnote omitted (E) holding that the bankruptcy code endows the bankruptcy trustee with the exclusive right to sue on behalf of the estate

A: holding that the eleventh amendment does not bar a bankruptcy court from issuing a money judgment against a state under the bankruptcy code
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Q: is arbitrary and capricious. 2. Does Civil Rule 90.3 violate due process by creating an irrebuttable presumption? Jerald argues that blind application of the Civil Rule 90.3 formula denies noncustodial parents the right to a fair hearing. He believes that this is illustrated in this case by the superior court's denying him the opportunity to question Darla concerning her expenses. As the state points out, however, Civil Rule 90.3(c)(1) specifically allows for exceptions to the formula. Other courts have found that child support guidelines do not offend due process so long as they provide for discretion in their application. Schenek v. Schenek, 161 Ariz. 580, 780 P.2d 413 (App.1989); see also In re Guidelines for Child Support Enforcement, 301 Ark. 627, 784 S.W.2d 589, 590-91 (1990) (<HOLDING>); Dalton v. Clanton, 559 A.2d 1197, 1212
Holding statements: (A) holding that any sentence that is properly calculated under the guidelines is entitled to a rebuttable presumption of reasonableness (B) holding that child support formula creates a rebuttable presumption and an inequitable result rebuts the presumption (C) holding that guidelines create a rebuttable presumption (D) recognizing a rebuttable presumption of reliance in rule 10b5 (E) holding however that a first party insured is not entitled to a rebuttable presumption of harm

A:
holding that any sentence that is properly calculated under the guidelines is entitled to a rebuttable presumption of reasonableness
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