Instructions: 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: contract." Because of this ambiguity, Hardee's briefed both issues in its memorandum in support of its motion for summary judgment. In their response, Plaintiffs did not clarify which theory of recovery they were pursuing. In fact, Plaintiffs completely failed to respond to Hardee's arguments and otherwise did not provide any support for an implied-in-law theory of recovery. Even on appeal, Plaintiffs do not clearly state that they are seeking recovery on an im~ plied-in-law basis. Because Plaintiffs failed to brief the issue before the district court, and because the district court did not rule on the issue in its opinion, we find that Plaintiffs abandoned their implied-in- law contractual claim. Preferred Rx, Inc. v. American Prescription Plan, Inc., 46 F.3d 535, 549 (6th Cir.1995) (<HOLDING>). II. Misrepresentation Claims Plaintiffs argue
Holding statements: (A) holding that court will not consider issue raised for first time on appeal (B) holding that because a claim was never raised in the district court this court would not consider it for the first time on appeal (C) holding that issues raised for the first time on appeal will not be considered (D) holding that subject to limited exceptions this court will not consider issues not presented to the district court but raised for the first time on appeal (E) holding that issues not properly presented to the bankruptcy court cannot be raised for the first time on appeal
Output:
(D)