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 Input:
failed to ' pay Tomlin at the time-and-a-half rate for the hours he worked in excess of forty per week. In the event of such a failure, we instruct the ALC to determine the rate of compensation to which Tomlin was entitled, the number of overtime hours that were underpaid, and the amount the Department owes Tomlin for his labor. II. Remaining Issues With regard to Tomlin's remaining issues, we affirm based upon the following authorities: 1. As to the circuit court's remand to the ALC for determination of the prevailing wage: Condor, Inc. v. Bd. of Zoning Appeals, City of N. Charleston, 328 S.C. 173, 178, 493 S.E.2d 342, 344 (1997) (preventing an appellant from arguing on appeal an issue conceded in the trial court); Bowman v. Bowman, 357 S.C. 146, 160, 591 S.E.2d 654, 661 (Ct.App.2004) (<HOLDING>). 2. As to whether Tomlin was an employee of
Holding statements: (A) holding that even when the issue is constitutional in nature an argument is not preserved on appeal unless the appellant raised and made the argument at trial and obtained a ruling on it nor will a particular theory be addressed on appeal if it was not presented below (B) holding a party cannot seek and receive a particular result at trial and then challenge it on appeal (C) holding that defendant must object at trial to preserve as applied challenge for appeal (D) holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court (E) holding that claims based on grounds not objected to at trial cannot be considered on appeal

Ex Output:
(B)

Ex Input:
box, .was too small to fit an assault rifle. 2. The package was not immediately recognizable as contraband, preventing seizure under the plain-view doctrine. 3. Deputy Barker could discover whatever lay in the back of the trunk by leaning over the speaker box and searching with his hands. 4. The compartment behind the armrest (where the cocaine was found) was'too small to contain an assault rifle. 5. Deputy Barker did not know whether the car had a trunk-access panel. We reject Mr. Mirabais first argument. Deputy Barker testified based on his mili tary experience and familiarity with assault rifles. In light -of this experience, he testified that a rifle could have fit behind the speaker box. See Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996) (<HOLDING>). The district court had little reason to
Holding statements: (A) recognizing that police officers can draw inferences from prior experience (B) holding courts are obligated to draw all reasonable inferences in plaintiffs favor (C) holding court obligated to draw all reasonable inferences in plaintiffs favor (D) holding that triers of fact may draw only reasonable inferences (E) holding that courts are obligated to draw all reasonable inferences in plaintiffs favor

Ex Output:
(A)

Ex Input:
an untrue statement of material fact; (6) failed to state a material fact necessary to make other statements not misleading; and (7) made a statement in such a manner as to mislead a reasonably prudent person to a false conclusion of a material fact. (Compl. 32.) Plaintiff bases these claims both on Walker's alleged misrepresentations during the enrollment phase and on Walker's or another Paychex employee's alleged fraudulent alteration of Mr. Kersh's enrollment form. (Id. 31.) Defendants argue that these claims, like all others in the Complaint, relate to the Salto Plan and are therefore subject to conflict preemption. (MTD at 19.) While some claims brought under the Texas Insurance Code are preempted by ERISA, see, e.g., Hansen v. Continental Ins. Co., 940 F.2d 971 (5th Cir.1991) (<HOLDING>), such preemption is not automatic. Instead,
Holding statements: (A) holding negligent misrepresentation claim was not preempted because it neither sought benefits under plan nor alleged improper processing of benefits (B) holding that erisa did not preempt hospitals claims against erisa plan administrator for misrepresentation under texas insurance code because hospitals claims were not dependent on or derived from the beneficiarys right to recover benefits under the plan (C) holding plaintiffs statelaw claims alleging common law misrepresentation and statutory misrepresentation under the texas insurance code art 2121 not preempted because they were not dependent on the right to recover benefits under the erisa plan (D) holding that claims for misrepresentation under texas insurance code were preempted because the plaintiffs sought to recover benefits under an erisa plan (E) holding that claims for misrepresentation fraud and texas dtpa violations brought pursuant to article 2121 of the texas insurance code were completely preempted by erisa even if the result left the plaintiff with no adequate remedy for fraud

Ex Output:
(D)