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.

rules or orders." Tex. Health & Safety Code Ann. 382.113(a). The legislature imposed only the two restrictions previously mentioned: an ordinance must be consistent with the Act and the commission's rules and orders and may not make unlawful a condition or act approved or authorized under the Act or the commission's rules or orders. Id. 382.113(b). If the ordinance violates one of these restrictions, however, then its preemption is implied with unmistakable clarity. We therefore turn next to the first of these restrictions and address the question of whether the Act and the ordinance are consistent. 3. The Clean Air Act and the tent with state legislation, we begin by comparing the purpose of each. See City of Weslaco v. Melton, 158 Tex. 61, 63-64, 308 S.W.2d 18, 19-20 (1958) (<HOLDING>); see also City of Brookside Vill. v. Comeau,
Holding statements: (A) recognizing the two different types of conspiracies under the federal statute (B) holding state and federal actions not parallel for colorado river purposes because the remedies were different one was equitable and the other compensatory and the sources of law came from different states (C) holding that an implied warranty of merchantability does not create a labeling requirement different from or in addition to those mandated by fifra because the implied warranty of merchantability arises from the sale itself not from a state labeling regulation citation omitted (D) holding that completing sixth grade and a limited ability to read were not inconsistent with a valid iq score of 68 (E) holding that an ordinance banning the sale of grade a raw milk was not inconsistent with a state statute for grading and labeling milk because the two provisions served different purposes
recognizing the two different types of conspiracies under the federal statute

theory, once the police ... [make] a show of authority designed to produce a stop, the Fourth Amendment is implicated. If, in response to unjustified police actions, the suspect thereafter abandons the property he or she is carrying, then the property abandoned, be it illegal drugs, stolen goods, or other evidence, normally cannot be used against the accused. Clancy, The Supreme Court's Search for a Definition of a Seizure: What is a "Seizure" of a Person Within the Meaning of the Fourth Amendment? 27 AvlCRIm. L.Rev. 619, 648 (1990). It is undisputed that Johnson denied ownership of the gun when Silvers showed it to him. Tr. at 53, 71. He can thus be fairly said to have exhibited the requisite intent to abandon the gun. See United States v. Veatch, 674 F.2d 1217, 1221 (9th Cir.1981) (<HOLDING>); see also United States v. Canady, 615 F.2d
Holding statements: (A) holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice (B) holding that neither the language nor the legislative history of the fcpa indicates the congressional intent to create a private right of action (C) holding that a demal of ownership indicates intent to abandon (D) holding that shall generally indicates a mandatory intent unless a convincing argument to the contrary is made (E) holding use of word may generally indicates permissive rather than mandatory intent
holding due process is not violated when failure to receive notice is the result of attorneys decision to abandon law practice

Fed.R.Civ.P. 39(a). But neither the Seventh Amendment, nor any other provision of the Constitution, preserves any right to a bench trial. Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 510, 79 S.Ct. 948, 3 L.Ed.2d 988 (1959). Plaintiff initially sought compensatory damages in an amount to be determined by the court, which triggered Principal Summa's Seventh Amendment rights. See U.S. Const, amend. VII. But the right to a jury trial does not depend only on the initial pleadings. See Hildebrand, 607 F.2d at 709-10. When subsequent events leave only equitable issues to be resolved, the right to a jury trial does not exist and is not preserved by the Seventh Amendment or Federal Rule of Civil Procedure 38. See id.; see also Wall v. Trust Co. of Ga., 946 F.2d 805, 809 (11th Cir.1991) (<HOLDING>). So, the dismissal of Principal Summa's
Holding statements: (A) holding that if the federal claims are dismissed before trial the state claims should be dismissed as well (B) holding that no right to a jury trial existed after one of the plaintiffs claims was dismissed leaving only an equitable claim (C) holding one example of a claim is a right to an equitable remedy that can be satisfied by an alternative right to payment (D) recognizing that the determination is an equitable one (E) holding that back pay was an integral part of title vips equitable remedies and that therefore no right to jury trial existed
holding that if the federal claims are dismissed before trial the state claims should be dismissed as well