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: industry is constitutional." Reply [# 29] at 3. Defendants maintain that "the Court may not rely on a federal regulation (9 C.F.R. 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established." Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS' powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA's warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely
Holding statements: (A) holding that the fourth amendment protects property as well as privacy (B) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (C) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause (D) holding a person may consent to warrantless searches as a condition of a suspended sentence (E) holding there is no requirement that the government obtains a warrant at the first moment probable cause exists the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances

Output: (B)

Input: Consider Input: 8 . See, e.g., Nolfi v. Ohio Ky. Oil Corp., 675 F.3d 538, 547 (6th Cir.2012); Pacific Dunlop Holdings v. Allen & Co., 993 F.2d 578, 581 (7th Cir.1993); Adena Exploration, Inc. v. Sylvan, 860 F.2d 1242, 1244 (5th Cir.1988); Penturelli, 779 F.2d 160 at 166; Gilbert v. Nixon, 429 F.2d 348, 354 (10th Cir.1970); Shimer v. Webster, 225 A.2d 880, 883 (D.C.1967); Fund of Funds, Ltd. v. Arthur Andersen & Co., 545 F.Supp. 1314, 1346 (S.D.N.Y.1982). 9 . Interpreting the same language, the United States District Court for the Central District of Illinois observed that Congress intended "to specifically include as securities 'only that form of splitting up of mineral interests which had been most utilized for speculative purposes.' " Fearneyhough v. McElvain, 598 F.Supp. 905, 907 (C.D.Ill.1984) (<HOLDING>). 1 The Lenau [Appellants] signed the
Holding statements: (A) recognizing that it is an unusual challenge to a sale that does not distort the validity of the sale and that the exception likely has meaning only when collateral issues are challenged (B) holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b (C) holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the instrument (D) holding that the sale of the entire leasehold interest in the oil and gas rights in plaintiffs land does not constitute the sale of a security within the meaning of the 1933 and 1934 acts notwithstanding the fact that the plaintiffs retained an overriding oneeighth 18 royalty interest (E) holding that the amount of water rights appurtenant to the land is the amount that is being used thereon before and at the time of the sale

Output: (D)

Input: Consider Input: It is not the Court's function to weigh the evidence that might be presented at a trial; instead, the Court must merely determine whether the complaint is legally sufficient. Goldman v. Belden, 754 F.2d 1059, 1067 (2d Cir.1985). Thus, the Court must accept the allegations of the complaint as true, and construe all reasonable inferences in favor of the plaintiffs. Koppel v. 4987 Corp., 167 F.3d 125, 127 (2d Cir.1999); Connell v. Signoracci, 153 F.3d 74 (2d Cir.1998); LaBounty v. Adler, 933 F.2d 121, 123 (2d Cir.1991). 2. Rule 9(b) Rule 9(b) provides that "[i]n all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity." Fed. R.Civ.P. 9(b). See also Plount v. American Home Assurance Co., Inc., 668 F.Supp. 204, 206 (S.D.N.Y.1987) (<HOLDING>). The Second Circuit has held that allegations
Holding statements: (A) holding that the rico bar applies even where the plaintiff does not have standing to bring a securities fraud action (B) holding that state courts have concurrent jurisdiction over rico claims and that plaintiffs federal rico claim was barred by res judicata since he failed to bring his rico claim along with his state fraud claims in prior state court action (C) holding that the concerns that require fraud to be pleaded with particularity are even more urgent in a civil rico action (D) holding that plaintiffs must provide more than conclusory allegations to satisfy rule 9bs requirement that circumstances of fraud be pleaded with particularity (E) holding that because civil rico is penal in nature illinois twoyear statute of limitations for actions based on a statutory penalty applies to civil rico claims
Output: (C)