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. 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.
question:
with the Federal Energy Regulatory Commission and learned that the federal license "will not change upon renewal." 4 . The position statement included an Administrator's Memorandum, dated June 19, 1986, indicating how regional offices should handle approval of permits for hydropower purposes. The memorandum indicates that when dealing with a hydropower application coming within FERC jurisdiction, departmental staff need to be aware of FERC licensing conditions for the facility in question. An attachment to the memorandum shows standard conditions of approval for a state water rights permit and the language of one of such conditions is that which was incorporated into the license at issue in this case. The memorandum notes that an applicant "can request Department action on 0-41 (1969) (<HOLDING>). 7 . It was also after the enactment of I.C.
Holding statements: (A) holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use (B) holding that until the state issues a certificate of appropriation any right to use the water remains inchoate (C) holding that a water right is a property right created by a person appropriating unappropriated water and applying it to a beneficial use (D) holding that the legislative assembly intended the water right certificate not the permit even when followed by a beneficial use to mark the point at which a water right becomes vested (E) recognizing the right to use water to generate power
answer:
holding that simply because claimants had diverted the entire run of the water at issue did not give them the ability to claim a right to all the water when they could not and had not put it to beneficial use

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where he admitted that other Dunkin' Donuts shops do sell soft drinks such as milk, juice or soda. See Trpko Taseski Depo., attached as Exh. 3B to plaintiffs motion, p. 61. Defendants' only response to plaintiffs argument regarding the inapplicability of the rider are these two brief sentences: "Plaintiffs cases are inappositive. The controlling principle of law is that money paid under a mistake of fact can be recouped in an action assumpsit." However, defendants' claim of a "mistake of fact" is unsupported by the record. To the contrary, the facts presented confirm that no mistake was made because defendants' were correct in voluntarily paying fees on the sales of such products. There is therefore no ground for an actio ranchise Guide (CCH) 11,290 (S.D.Fla. Oct. 30, 1997) (<HOLDING>). Defendants argue that the Michigan Franchise
Holding statements: (A) holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure (B) holding that although a reason was provided in the termination letter the without cause termination provision was applicable (C) holding that franchisees tax evasion scheme provided cause for termination (D) holding that franchisees illegal sale of cigarettes to minors provided cause for termination (E) holding that traditional commercial contract provided for termination at will under arkansas law
answer:
holding that under michigan franchise investment law franchisees failure to comply with lawful provisions in franchise agreements by failing to pay royalties and advertising fees and failing to file monthly sales reports constituted good cause for franchisors termination of agreements where franchisor gave notice of termination in writing and franchisees made no effort to cure

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ask us to review the Board's decision denying their motion to reopen. A denial of a motion to reopen is a final order that may be appealed to this court. Infanzon v. Ashcroft, 386 F.3d 1359, 1361-62 (10th Cir.2004). In their petition for review filed with us on January 22, 2013, petitioners did request review of the denial of their motion to reopen as well as their motion for reconsideration. But this request came too late to obtain judicial review of the motion-to-reopen decision, which had been entered August 31, 2012. Petitioners failed to file a separate petition for review from the motion-to-reopen decision. See 8 U.S.C. 1252(b)(1) (establishing 30-day time period for filing petition for review); Stone v. INS, 514 U.S. 386, 394-406, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995) (<HOLDING>). We therefore have jurisdiction to consider
Holding statements: (A) holding that the filing of a motion for reconsideration does not toll the period for seeking judicial review of the underlying order (B) holding for the same reason that motion for appointment of counsel does not toll the period for filing a federal habeas petition (C) holding that an unauthorized motion for rehearing does not toll defendants time for filing a notice of appeal (D) holding that time limit for filing petition for review is mandatory and jurisdictional (E) holding filing of motion for reconsideration does not toll the 30day deadline for filing petition for review
answer:
holding that the filing of a motion for reconsideration does not toll the period for seeking judicial review of the underlying order