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.

[EX Q]: strip frisk of an employee may only be conducted on the order of the Superintendent or Acting Superintendent. (The Officer of the Day may issue this order if the Superintendent or Acting Superintendent is absent from the facility and cannot be contacted). b. Strip frisks must be supervised by a uniformed supervisor having at least the rank of Lieutenant. c. No more than two frisking employees are to be present in addition to the supervising officer. d. Strip frisks shall be conducted in a location and manner which will cause the least possible embarrassment to the employee being searched. e. The supervising and searching officers must be of the same sex as the employee being searched. If a ranking female security supervisor is not available, the Superintendent shall designate a female (<HOLDING>) to conduct the search. f. An employee may
Holding statements: (A) holding that because there was no evidence before the court of any similarly situated employees who were promoted to a higher salary grade when plaintiff was denied a promotion plaintiff could not establish a prima facie case of discriminatory failure to promote (B) holding that a retiree with a sixth grade education who was given little time to review the terms had stated a claim (C) holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade (D) holding a higher grade than the employee being searched (E) holding the prosecution to a higher burden of proof than the law required is a valid raceneutral reason for excluding a juror
[EX A]: (D)

[EX Q]: 235, 239 (Fed.Cir.1988). On appeal, Mr. Baney does not challenge the Board's determination that collateral estoppel bars his leave-related claims. We agree with the Board that Mr. Baney's claims are barred by collateral estoppel because they challenge the same issues that Mr. Baney actually litigated and that were necessary to the decisions in previous proceedings. See, e.g., Baney v. Dep't of Justice, 409 Fed.Appx. 319 (Fed.Cir.2010) (finding no USERRA violation for charging Mr. Baney with eleven and a half hours of AWOL in November 2008); Baney v. Dep't of Justice, 263 Fed.Appx. 892 (Fed.Cir.2008) (finding no USERRA violation for charging Mr. Baney with 23 days of leave while on active military duty for 30 days); see also Baney v. Dep't of Justice, 327 Fed.Appx. 895 (Fed.Cir.2009) (<HOLDING>). Accordingly, we affirm the Board's decision
Holding statements: (A) holding that because relitigation of issue was barred by collateral estoppel res judicata determination of finality of judgment dismissed for lack of standing was not relevant (B) holding that collateral attacks on bankruptcy courts jurisdiction are barred by res judicata (C) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (D) holding that mr baneys challenge to being charged with 208 hours of annual leave while on active military duty for 30 days was barred by the res judicata effects of our 2008 decision (E) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred
[EX A]: (D)

[EX Q]: has not determined that the State or Tribe has authority over the site of the proposed Lake Andes landfill. The EPA Region VIII developed an alternative mechanism to allow the District to seek the waiver directly from the Region. The waiver was received on October 6,1995. The EPA has reviewed the District's application and has made a tentative decision to approve their waiver. (Admin.Ree. at 1160.) The agency intended to, and did create, a new right in the District under these circumstances to petition the agency directly, and thus, the agency's "alternative mechanism" is properly considered to be a legislative rule subject to the APA's notice and comment procedures rather than an interpretative rule. Cf General Motors Corp. v. Ruckelshaus, 742 F.2d 1561, 1565 (D.C.Cir.1984) (en banc) (<HOLDING>), cert. denied, 471 U.S. 1074, 105 S.Ct. 2153,
Holding statements: (A) holding that epa rule relating to repair of cars not in compliance with clean air act was interpretative not legislative rule and thus not subject to apa notice and comment procedures (B) holding that because record did not contain notice of appeal in compliance with rule 3 there was no appellate jurisdiction and appeal must be dismissed (C) holding the epa could regulate air pollutants under the clean air act solely on the basis of the pollutants risk to human health (D) holding that defendant could not be sanctioned and found to have violated the clean air act when it complied with regu lations as codified despite having knowledge that the epa requested amendment of the regulations to prohibit defendants conduct (E) holding for a citizen suit brought under a substantially identical provision of the clean air act that whether plaintiffs have established a nondiscretionary duty to act by the epa is a merits question under rule 12b6 rather than a subjectmatter jurisdiction question under rule 12b1
[EX A]:
(A)