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: absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver's failure even to attempt to comply with Rule 4 is no "minor defect," United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos's intervention in the action,
Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service

Answer: (D)

Question: 393 N.W.2d 286, 290-91 (S.D.1986). GILBERTSON, Chief Justice, (dissenting).. [ 26.] I respectfully dissent. I would reverse the lower court on Issue 2. I would hold the trial court erred when it granted partial summary judgment to 01-esens, holding City's operation of food service at the municipal bar was an ultra vires act. [27.] An express grant of authority from the legislature "includes those incidental or implied powers that are necessary to enable a municipality to perform the function authorized." City of Rapid City v. Rensch, 77 S.D. 242, 246, 90 N.W.2d 380, 383 (1958) (citation omitted). A municipality is vested with discretion as to how it exercises specific powers conferred upon it by the legislature, as long as the methods employed are n , 59 N.W.2d 732, 734 (1953) (<HOLDING>). Actions taken under a municipality's implied
Holding statements: (A) holding municipality had implied authority to enter into a long term contract to establish a golf course although state statute did not specifically grant authority to establish golf courses as public parks (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority (D) holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority (E) holding the court has the inherent authority to enter an order of confidentiality

Answer: (A)

Question: Fiberglas Corp., 196 U.S. Pat. Q. 726, 745 (N.D. Ala. 1977) (defendant promoted and sold product "with the specific recommendation that they be used in an infringing manner," i.e., molded under heat and pressure to approximate a patented product). Here, North American Philips's complaint did not allege that Konami provided any detailed instructions to its customers on how to infringe the patent. Indeed, as noted above, North American Philips's complaint did not allege that it was injured at all in the course of Konami's advertising. Without such a connection to advertising activities, Konami cannot be afforded coverage under the advertising injury provision of the CGL policy. See International Insurance Co. v. Florists' Mutual Insurance Co., 201 Ill. App. 3d 428, 433 (1990) (<HOLDING>). Furthermore, we believe Konami's reliance on
Holding statements: (A) holding that causal connection between alleged injuries and advertising activity cannot be satisfied by a mere showing that the allegedly infringing product was advertised (B) holding that there must be a causal connection between the advertising activity and the injury alleged in the underlying complaint (C) holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing (D) holding that there must be a causal connection between an insureds advertising and an alleged injury to trigger coverage for an advertising injury (E) holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury

Answer:
(B)