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.

Example Input: with "complete and final discretionary authority to interpret the plans and maintain control over the operation and administration of the plans." Accordingly, the Chevron Plan, via the Services Agreement and the SPD, delegates authority to Aetna regarding benefit eligibility for the Medical Plan. Moreover, in this situation, Aetna made a factual determination that certain diagnostic testing and IVIG treatments were not medically necessary. "[F]actual determinations made by [an] administrator during the course of a benefits review will be rejected only upon the showing of an abuse of discretion." Meditrust Fin. Servs. Corp. v. Sterling Chems., Inc., 168 F.3d 211, 213 (5th Cir.1999); see also Chandler v. Hartford Life, No. 05-50688, 2006 WL 1209363, at *3 (5th Cir. Apr.28, 2006) (<HOLDING>) (quoting Meditrust Fin. Servs. Corp., 168 F.3d
Holding statements: (A) holding that the admission or exclusion of evidence is within discretion of the trial court and that such determinations will not be disturbed on appeal absent clear abuse of discretion (B) holding that a denial of benefits will not be reviewed de novo where the language of an erisa plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan (C) holding that arbitrary and capricious standard applies to section 1132a1b denial ofbenefits claims if the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan (D) holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion (E) holding that rjegardless of the administrators ultimate authority to determine benefit eligibility factual determinations made by the administrator during the course of a benefits review will be rejected only upon the showing of an abuse of discretion
Example Output: (E)

Example Input: was safe to operate, afforded discretion to the FAA to "make its own findings" whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. 385.17(f) is not a "check list." J.A. at 105. It leaves it to the FMCSA to determine whether a carrier's submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency's "implementation of a mechanism for compliance review" and necessarily require "balancing the objectives sought to be obtained against such practical considerations as staffing and funding," constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R.
Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision
Example Output: (D)

Example Input: on self-defense. Despite the trial court's denial, during closing arguments Davis argued that he had acted in self-defense in an effort to negate the intent element of the offense: "Both people got knifed. Both people are fighting and both people are going for the neck where the carotid artery is, where the jugular vein is, and where someone is going to die if that's cut." During its rebuttal to Davis's closing argument, the State said, "Ladies and gentlemen, if you look at this case and you look at all the facts surrounding this case, there's no evidence to suggest that Latarsha Hampton wa statement that defense attorneys knew that a defendant accused of cocaine possession lived in a "crack house" was improper); Lopez v. State, 705 S.W.2d 296, 298 (Tex.App.-San Antonio 1986, no pet.) (<HOLDING>). Accordingly, we overrule Davis's ninth point.
Holding statements: (A) holding the prosecutors argument if it was there they can bring it to you was not an improper jury argument (B) holding improper counsels argument that plaintiff was entitled to something for manner in which defense was conducted (C) holding prosecutors argument that defense counsels goal was to keep evidence from the jury was improper (D) holding prosecutors argument that defense counsel was manufacturing evidence and thus suborning perjury was improper (E) holding on habeas review that counsels failure to object to improper argument at trial did not prejudice petitioner where other evidence supported a guilty verdict and the jury was told closing argument was not evidence
Example Output:
(C)