instruction:
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.
question:
Ill 1997). AirTouch alleges that the City's denial will in effect prohibit it from providing personal wireless services because alternative sites leave "gaps" in its service or will be too costly to provide. a. Gap In Coverage AirTouch has presented evidence of a gap in coverage in its wireless services on the Fanita Drive-Highway 125 corridor from Navajo Drive to the Highway 52 Connector. (Tifft Decl. at 11.) Air-Touch argues that if a decision leaves "significant gaps" in wireless services, 332(c)(7)(B)(i)(II) has been violated. The City argues that a mere gap is not sufficient; there must be a general ban for that provision to apply. AirTouch is supported by recent decisions of the Second and Third Circuit. See Sprint Spectrum, L.P. v. Willoth, 176 F.3d 630, 640-41 (2d Cir.1999) (<HOLDING>); Ho-Ho-Kus, 197 F.3d at 70 (3rd Cir.) (holding
Holding statements: (A) holding that 332c7biii applies only to blanket prohibitions and general bans or policies and not to individual zoning decisions (B) holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law (C) holding that 332c7b iii does not apply only to general bans and stating that prohibiting only general bans would 1 require a court to wait for a series of denied applications and 2 lead to the untenable result that once personal wire services are available within the jurisdiction of a state or local government the state or local government could deny any further applications with impunity (D) holding that state bans on samesex marriage are unconstitutional (E) holding that a district court cannot require a unit of state or local government to abide by a consent decree that does not serve any federal interest
answer:
(C)

question:
on one." Strickland, 466 U.S. at 697, 104 S.Ct. at 2069. Capshaw cannot establish that his attorney's performance was deficient for failing to object to the admission of cell phone records. His trial counsel would not have prevailed on such an objection under the governing law, and thus counsel's performance was not deficient for failing to object. It is undisputed that the government obtained a court order, under 18 U.S.C. 2703, requiring Sprint Nextel to produce the cell phone records of Capshaw and three other people to show calls between them during the period of the murder-for-hire plot. Obtaining those telephone rec ords through a 2703 court order did not violate the Fourth Amendment. See Smith v. Mainland, 442 U.S. 735, 743-44, 99 S.Ct. 2577, 2582, 61 L.Ed.2d 220 (1979) (<HOLDING>). Capshaw had no reasonable expectation of
Holding statements: (A) holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home (B) holding that search warrant was constitutionally defective because it did not require notice (C) holding that an arrest warrant without a search warrant does not permit law enforcement authorities to enter a third partys home to legally search for the subject of the arrest warrant (D) holding that telephone company records of calls made from a defendants home did not require the government to seek a search warrant (E) holding that consent searches do not require probable cause to justify the search of a home
answer:
(D)

question:
their own courts,' even when the controversy is governed by substantive federal law.... [H]owever, where state courts entertain a federally created cause of action, the 'federal right cannot be defeated by the forms of local practice.' " Rosenthal, 926 P.2d at 1069. See also Collins v. Prudential Ins. Co., 752 So.2d 825, 828-30 (La.2000) (stating that "provisions of 16 of the FAA governing the timing of appeals are procedural in nature and ... states are free to follow their own procedural rules regarding appeals, unless those rules undermine the goals and principles of the FAA," but holding that under Louisiana law no right to an immediate appeal of an order compelling arbitration existed); Atlantic Painting & Contracting Inc. v. Nashville Bridge Co., 670 S.W.2d 841, 846 (Ky.1984) (<HOLDING>); Weston Sec. Corp. v. Aykanian, 46
Holding statements: (A) holding that the party seeking to vacate the award has the burden of providing the court with the evidence to support its arguments (B) holding that under the faa 10a arbitration panels refusal to continue hearings to allow witness to testify the only witness with evidence of fraud not found from other sources was fundamental unfairness and misconduct sufficient to vacate the award (C) holding in the analogous context of a motion to vacate an arbitration award under 9 usc 12 that pjlaintiffs were required to serve notice through the united states marshal and that because the notice requirement expressly addresses the manner of serving notice of motion to vacate the federal rules of procedure relating to service are inapplicable (D) holding that the three month limitation of faa 12 on a motion to vacate an award did not apply to a state court motion to vacate because the procedural aspects of the faa are confined to federal cases (E) holding section 10 of faa is procedural and does not preempt state common law
answer:
(D)