Definition: 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.
Input: even if the 1993 judgment was final and appealable, they may challenge the merits of the 1993 judgment in this appeal from the 1995 order. This appeal is untimely only if the District Court's 1993 decision which ordered only that ISP submit a plan to remedy the constitutional flaws in its policy was a final judgment, appealable to this Court under 28 U.S.C. 1291. We believe that the District Court's 1993 order was no more final under 1291 than the one at issue in Sherpell v. Humnoke School Dist., 814 F.2d 538 (8th Cir.1987), which held that a district court order to a school district to submit a plan to remedy an unconstitutional atmosphere of racial hostility was not an appealable final judgment. Id. at 539; see also Hendrickson v. Griggs, 856 F.2d 1041, 1044 (8th Cir.1988) (<HOLDING>). The November 1995 judgment is, therefore, the
Holding statements: (A) holding that an order of consolidation is interlocutory and not immediately appealable (B) holding that the modification or dissolution of an injunction in a limitation of liability proceeding is appealable as a matter of right under 1292a1 (C) holding an order denying a motion for summary judgment is interlocutory and not appealable (D) holding injunction ordering prison to submit plan for reformation of unconstitutional prison conditions not appealable as interlocutory order under 28 usc 1292a1 (E) holding that a rehearing order is interlocutory and not appealable
Output:
(D)