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 Q]: to the federal district court, see 28 U.S.C. 1441 and 1446, and moved for summary judgment, see Fed.R.Civ.P. 56. Defendants argued, among other things, that Preston lacked a property interest in his volunteer position with the VFD. Preston rejoined he was a "fire code official" under the Code and IFC and could not be fired except after a hearing and upon a showing of just cause. In December 2009, the district court granted defendants' motion and dismissed Preston's case with prejudice. Preston filed a motion to reconsider, see Fed. R.Civ.P. 59, which the district court denied. Preston appeals. II. DISCUSSION Before considering the merits of Preston's appeal, we briefly examine the latent issue of subject matter jurisdiction. See Clark v. Baka, 593 F.3d 712, 714 (8th Cir.2010) (<HOLDING>) (quoting McAdams v. McCord, 533 F.3d 924, 927
Holding statements: (A) recognizing federal courts duty to determine matter of its own jurisdiction sua sponte whenever it becomes apparent that jurisdiction may be lacking (B) holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter (C) recognizing that even if neither party disputes this courts subject matter jurisdiction under 38 usc 7292 we are obligated to consider the issue sua sponte if there is reason to doubt that jurisdiction exists (D) holding that the court can raise res judicata sua sponte even on appeal (E) recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte
[EX A]: (E)

[EX Q]: or even every valid governmental purpose, is an appropriate reason for breaching grand jury secrecy." Id. at 480, 103 S.Ct. 3164. It goes without saying that the district court's inherent authority does not include the power to contravene or circumvent an "express grant of or limitation on the ... court's power contained in a rule or statute." Dietz v. Bouldin, U.S.-, 136 S.Ct. 1885, 1892, 195 L.Ed.2d 161 (2016); see also Carlisle v. United States, 517 U.S. 416, 426, 116 S.Ct. 1460, 134 L.Ed.2d 613 (1996) ("Whatever the scope of [the court's] 'inherent power,' ,,. it does not include the power to develop rules that circumvent or conflict with the Federal Rules of Criminal Procedure."); Bank of Nova Scotia v. United States, 487 U.S. 250, 254, 108 S.Ct. 2369, 101 L.Ed.2d 228 (1988) (<HOLDING>). Rule 6(e) is an express limitation on the
Holding statements: (A) holding that the substantial rights inquiry of federal rule of criminal procedure 52b mirrors rule 52as harmless error inquiry except that the burden in the former falls on the defendant to show prejudice (B) holding that a district court cannot invoke its inherent authority to circumvent the harmlesserror inquiry required by rule 52a of the federal rules of criminal procedure (C) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure (D) holding that rule 33 of the federal rules of criminal procedure is an inflexible claimprocessing rule that may be waived if not raised (E) recognizing the inherent common law authority of courts to promulgate rules of practice and procedure
[EX A]: (B)

[EX Q]: ones in the present case, are capable of sustaining "direct physical loss or damage." The definition of "physical," as provided in the Oxford English Dictionary, is "[o]f or relating to natural phenomena perceived through the senses (as opposed to the mind); of or relating to matter or the material world; natural; tangible, conCrete." Oxford English Dictionary, Ohio courts have recognized that "[m]oney deposited in a fund is intangible property," Walther v. Central Trust Co., N.A., 70 Ohio App.3d 26, 32, 590 N.E.2d 375 (Ohio Ct.App.1990), and that "[i]ntangible personal property, by its very nature, is not capable of being physically possessed." Denezza v. Denezza, 1996 WL 111812, *2, 1996 Ohio App. LEXIS 935, at *5 (Ct.App. Mar. 15, 1996) (citation omitted) (<HOLDING>); see also Falck v. United States, 2005 WL
Holding statements: (A) recognizing limited partnership interest as intangible personal property (B) recognizing that property not subject to physical seizure such as mutual fund shares are intangible property (C) recognizing that the government may seek a personal judgment specific property or substitute property (D) holding that plaintiffs may have a property interest in real property (E) recognizing that partnership property is a type of ownership
[EX A]:
(A)