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: position and whether the party would receive "an unfair advantage or impose an unfair detriment on the opposing party if not estopped." Id. at 751, 121 S.Ct. 1808. The doctrine is designed to prevent "intentional self-contradiction" and is improperly applied "when the former position was the result of inadvertence or mistake." Lampi Corp. v. Am. Power Prod., 228 F.3d 1365, 1377 (Fed.Cir.2000). Thus, the court does no disservice to the important purposes underlying holding parties to judicial admissions by acknowledging that a response to an injunctive action is an evolving position, and the facts and legal positions should be taken in view of the emerging facts as they become known to the litigating parties. See SanDisk Corp. v. Memorex Prod., Inc., 415 F.3d 1278, 1291 (Fed.Cir.2005) (<HOLDING>). It is also necessary to note that the
Holding statements: (A) holding that courts should avoid constructions that would render statutory text superfluous (B) holding that a transferee federal court should apply its interpretations of federal law not the constructions of federal law of the transferor circuit (C) holding that courts should not use doctrine of judicial estoppel to prevent evolution of arguments but should permit preliminary constructions made without full development of the record or issues to remain open to revision (D) holding that the issue of defendants actual knowledge should not be resolved on summary judgment but should be left to the trier of fact (E) holding courts should apply statutory constructions that make practical sense and do not frustrate legislative intent

Output: (C)

Input: Consider Input: and reimbursement claim based on the plan. Looking to FEHBA's legislative history, the Court of Appeals for the Eighth Circuit concluded that the purpose of FEHBA was to establish health insurance for federal employees and that insurance carriers "help the government fulfill the basic task of establishing a health benefits program for federal employees." Id. at 1233. The Jacks court concluded that OPM "has direct and extensive control over these benefit contracts under the FEHBA." The court determined that even though the plan "allows the carrier the discretion to pursue subrogation," that "does not foreclose the application of the federal officer removal statute" because "the subrogation provision is necessarily a product of the benefit payment pro F.Supp.2d 848 (W.D.Mo.2011) (<HOLDING>); Van Horn v. Arkansas Blue Cross and Blue
Holding statements: (A) holding that health insurer contracted with fehba was not acting under a federal agency within the meaning of the federal officer removal statute (B) holding that the fact that the insurance carrier voluntarily entered into a mutually agreed upon contract with the opm to administer healthcare benefits to federally employed enrollees does not rise to the level of a relationship defined as acting under a federal officer (C) holding that a health plan insurer contracting with a government agency under a federal benefits program is considered a person acting under a federal officer (D) holding that the special relationship exception does not apply to the relationship between a student and a school (E) holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract

Output: (B)

Input: Consider Input: opinion notes that the State Board of Registration for the Healing Arts granted Finch a hearing before issuing its order denying him the right to take the examination for licensure prescribed in Section 334.040, supra. At this hearing, Finch introduced evidence of his rehabilitation commensurate with that outlined in the majority opinion. Finch's previous conviction was never disputed and he was fully aware that it was the "roadblock" to his licensure by the board. In my opinion, the Board afforded procedural due process to Finch, particularly so when measured by the standard expressed by Mr. Justice Goldberg (joined by Mr. Justice Brennan and Mr. Justice Stewart) in his concurring opinion in Willner v. Committee on Character and Fitness, 373 U.S. 96, 83 S.Ct. 1175, 10 L.Ed.2d 224 (<HOLDING>) wherein at pp. 107, 108, at p. 1182 of 83
Holding statements: (A) holding that amenability hearings must measure up to the essentials of due process and fair treatment (B) holding that the facts did not measure up to the standard expressed for determining procedural due process (C) holding that the defendant was denied due process because the procedural rule was not followed in any respect by the trial court (D) holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure (E) holding that in a proceeding to terminate parental rights the preponderance of the evidence standard of proof violates the due process clause and that due process requires at least a clear and convincing evidence standard
Output: (B)