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.

Input: Consider Input: having been a member of this court at the time of the argument and submission, took no part in the consideration or decision of this case. 1 . We do not reach the question of whether it was proper for a Minnesota peace officer to go outside Minnesota's borders and attempt to compel a blood sample under Minnesota law. In this case, the sample was obtained using Wisconsin's procedure inside Wisconsin's borders and our holding is limited to these facts. 2 . Both parties make arguments regarding Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), and State v. Oevering, 268 N.W.2d 68 (Minn.1978). These cases, due to the natural exigency involved in obtaining blood-alcohol evidence, recognize the power of a peace officer to compel a blood sample from a dri Tex. 1995) (<HOLDING>); Consolidation Coal Co. v. Bucyrus-Erie Co.,
Holding statements: (A) holding that a party waives the attorneyclient privilege when it voluntarily consents to the disclosure of any significant part of the communication in issue (B) holding that the michigan usury act mcla 43831 a statute setting forth the legal interest rate in michigan is preempted according to the explicit terms of hola (C) holding that the law of michigan rather than the forum applied to manufacturers claim of attorneyclient privilege in a products liability suit because the communication took place in michigan and therefore michigan had most significant relationship to communication (D) holding that litigating franchise dispute in michigan does not require that michigan law govern dispute as michigan franchise investment law does not expressly void choice of law provisions in franchise agreement (E) holding michigan friend of the court employees absolutely immune from suit under 1983

Output: (C)

Input: Consider Input: as here, the recalcitrant witness is at liberty pending appeal. In so holding, we join all of the circuits which have squarely addressed the issue. See In re Grand Jury Matter, 906 F.2d 78, 82-83 (3d Cir.1990), cert. denied sub nom. Backiel v. United States, U.S. -, 111 S.Ct. 509, 112 L.Ed.2d 521 (1990); In re Sealed Case, 829 F.2d 189 (D.C.Cir.1987); In re Grand Jury Proceedings, 785 F.2d 629, 631 n. 4 (8th Cir.1986); United States v. Johnson, 736 F.2d 358, 361-62 n. 5 (6th Cir.1984); In re Witness Before Special October 1981 Grand Jury, 722 F.2d 349, 353 (7th Cir.1983); In re Rosahn, 671 F.2d 690, 694 (2d Cir.1982); Brown v. United States, 465 F.2d 371, 372 (9th Cir.1972). But see In re Berry, 521 F.2d 179 (10th Cir.), cert. denied, 423 U.S. 928, 96 S.Ct. 276, 46 L.Ed.2d 256 (1975) (<HOLDING>). The foregoing cases have noted that the
Holding statements: (A) holding that the deadmans statute should not be extended by judicial construction to cases not clearly within its terms (B) recognizing that denying outofeell exercise for extended periods may constitute cruel and unusual punishment (C) holding that it may not (D) holding that the statutes 30 day provision is mandatory and may not be extended and dicta that it may not be extended by release from incarceration (E) holding that statutory habeas jurisdiction extended to guantanamo

Output: (D)

Input: Consider Input: who are undeniably state actors, colluded with her in her actions. When all intendments are taken in the Plaintiffs' favor, therefore, their allegations indicate both that Malac infringed their substantive due process rights and that she can be considered a state actor. Accordingly, Malac's motion to dismiss is denied. III. CONCLUSION For the foregoing reasons, Defendant Barbara Malac's motion to dismiss [Docket No. 47] is DENIED. The motion of Defendant Agent Cynthia Preston and Defendant Agent Nancy Gingras [Docket No. 50] to dismiss is DENIED with respect to Agent Preston, but GRANTED with respect to Agent Gingras. SO ORDERED. 1 . For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (<HOLDING>), vacated as moot, 235 F.3d 1054 (8th Cir.2000)
Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted
Output: (D)