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.

Example Input: 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
Example Output: 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

Example Input: when there has been neither agreement nor adjudication of the fact. In that situation, the question is one of historical fact, which, until decided, cannot have anything to do with the child's best interest. A different situation is presented, however, after paternity has been determined, whether by agreement or adjudication. Then, the best interest of the child necessarily is involved. The historical fact of parentage no longer stands alone; now it is intertwined with the interests of the child and no longer is capable of separation. Once paternity is established, 5-1029 has no further role to play in that arena. The amendment to 5-1038 does not change that, in my view, without, as there is not in this case, an amendment making it so. Contrary to the majorit , 1083 (1994) (<HOLDING>); Adoption/Guardianship No. 10941, 335 Md. 99,
Holding statements: (A) holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted (B) holding the best interest of the child standard does not violate federal constitutional principles (C) holding that the best interest of the child standard should be used in deciding whether to grant a paternity petition (D) holding that the best interest of the child is the paramount concern in determining whether to order blood tests to determine paternity (E) holding court properly applied best interest of child standard when determining whether placement goal should be changed
Example Output: holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted

Example Input: rather than that a particular provision conflicts "with a mandatory provision of applicable law." The applicability of Rule 18 in these circumstances thus presents a close question. Even though it is unclear under state law whether we should construe the language of Rule 18 in the present case to permit arbitration, Supreme Court precedent dictates that we resolve any doubts as to arbitrability "in favor of arbitration." Moses H. Cone Memorial Hosp., 460 U.S. at 24-25, 103 S.Ct. 927. Similarly, we have held recently that, when the arbitration agreement at issue includes a sever-ability provision, courts should not lightly conclude that a particular provision of an arbitration agreement taints the entire agreement. Accord Great Earth Cos. v. Simons, 288 F.3d 878, 890-91 (6th Cir.2002) (<HOLDING>). For these reasons, we agree with the Eighth
Holding statements: (A) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (B) holding that costsplitting provision in pep boys arbitration agreement is severable from the rest of the agreement (C) holding that an arbitration agreement is separable from the underlying agreement (D) holding that when agreement includes severability provision intent of the parties and policy in favor of arbitration dictate that rest of agreement should be held enforceable (E) holding that an arbitration agreement that was invalid due to unconscionability was not enforceable
Example Output:
holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added