Teacher: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.
Teacher: Now, understand the problem? Solve this instance: 1 (1977), in which it reversed the Fifth Circuit's vacation of a district court's remand order where the district court "had employed erroneous principles in concluding that it was without jurisdiction." Id. Despite the apparent broad scope of 1447(d)'s bar on appellate review, the Court emphasized in Thermtron that 1447(d) must be read together with 1447(c) and "that only remand orders issued under 1447(c) and invoking the grounds specified therein," are immune from appellate review under 1447(d). 423 U.S. at 345-46, 96 S.Ct. at 590. Specifically, the Court held that 1447(d) does not bar appellate review where a case has been properly removed to the district court and the remand order is issued on grounds not referable to 1447(c). Id. at 343-45, 96 S.Ct. at 589-90 (<HOLDING>). Following Thermtron, substantial
Holding statements: (A) holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal (B) holding remand order reviewable because crowded docket not ground for remand under 1447c (C) holding that under 28 usc 1447c and d federal jurisdiction terminates once a section 1447c remand order has been mailed to the state court (D) holding that remand order based on forum selection clause is reviewable on appeal (E) holding remand based on forum selection clause not within 1447c
Student:
(B)