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.

Ex Input:
until they were "in close proximity." Lowe, 2014 WL 99452, at *3; see also Westport Ins. Corp. v. Bayer, 284 F.3d 489, 498 (3d Cir.2002) (according plain meaning to the district court's choice of language in affirming its "implicit" findings of fact). These findings control because they are not clearly erroneous. Rather, they are suppo a- suspect takes action that clearly indicates that he "does not yield" to the officers' show of authority. Hodari D., 499 U.S. at 626, 111 S.Ct. 1547. Action not passivity has been the touchstone of our an h Cir.2010) (noting that, "for a person who is moving, to 'yield' most sensibly means to stop"), or when a suspect makes suspicious motions consistent with reaching for a weapon, see United States v. Johnson, 212 F.3d 1313, 1316-17 (D.C.Cir.2000) (<HOLDING>). Unlike the suspects in those cases, Lowe
Holding statements: (A) holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded (B) holding that a suspect did not submit to a show of authority when he made continued furtive gestures including shoving down motions that were suggestive of hiding or retrieving a gun (C) holding that a suspect who continued walking when approached by a police officer did not submit until physically restrained by the officer (D) holding that evidence of appellants prior gun possession was admissible in a homicide prosecution to show malice and intent possession of a gun without more is not wrongful conduct (E) holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept

Ex Output:
holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded

Ex Input:
purpose, we would have some authority to solve taxpayer's problem. See Rhodes, 166 Vt. at 157, 688 A.2d at 1311 (noting that, to invoke impossibility rule, party "must dem onstrate why this Court should not construe the statute in its ordinary sense or why the consequences of such construction will cause hardship or constitute impossibility"). But our standard under this prudential rule is very limited and does not ordinarily extend to making choices, among many available, to solve the problem. There is simply no way to construe the statute to allow a transfer that occurred 319 days after an LLC's articles of organization were filed without reading the words "at the time of formation" out of the statute. See Colwell v. Allstate Ins. Co., 2003 VT 5, 15, 175 Vt. 61, 819 A.2d 727 (<HOLDING>). 23. It is true that the Department's
Holding statements: (A) holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case (B) recognizing that though statute at hand does not fully address the problem legislature intended to address in view of the number of choices available to solve the problem this is an inappropriate case for the court to fashion the particular remedy appellants seek because to do so would place court in the position of making policy choices best left to legislature (C) holding that in order for there to be state debt in the constitutional sense one legislature in effect must obligate a future legislature to appropriate funds to discharge the debt created by the first legislature (D) holding that considering an amendment is not the time to address the merits of a case (E) holding that the court assumes the legislature acquiesced in our interpretation of the language because the legislature had not amended the language

Ex Output:
holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case

Ex Input:
policy, (DE 50, pg. 35), count 6 of the amended complaint is a claim for rescission of the life insurance policies based on "the brokers" fraudulent actions allegedly committed in violation of the brokerage agreements. (DE 50, pg. 33-34). This Court therefore RECOMMENDS that the District Court GRANT the Mo tion to Compel Arbitration as to Defendants Richardson and LBEG. See Provident Bank, 141 F.Supp.2d at 313-314 (granting motion to compel arbitration of claims including fraud, breach of fiduciary-duty, negligence, and rescission where arbitration clause provided that all disputes 'arising out of the agreement were to be settled by arbitration, and because all the claims arose out of alleged breaches of duty imposed by the parties' loan agreement); Sease, 697 F.Supp. at 1192-1193 (<HOLDING>) (citing Shearson Hayden Stone, Inc., 671 F.2d
Holding statements: (A) holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy arising out of or relating to this agreement breach thereof or any aecounts (B) holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement (C) holding that a clause covering any controversy or claim related directly or indirectly to this agreement was a broad arbitration clause (D) holding that a clause requiring arbitration of any controversy or claim that shall arise out of this agreement or the breach thereof was sufficiently broad to cover a 1934 securities act claim involving fraudulent misrepresentation (E) holding that the language of the arbitration clause any controversy or claim arising out of was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract

Ex Output:
holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement