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 Input:
other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted).
Holding statements: (A) holding that a hospital could not be an erisa beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons (D) holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit (E) holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms

Ex Output:
(D)

Ex Input:
Under section 22.011(c), a "child" is a person "younger than 17 years of age who is not the spouse of the actor." Id. 22.011(c)(1). A "spouse" means a person who is legally married to another. Id. 22.011(c)(2). Legal marriage in Texas requires a marriage license or proof of an informal marriage. See Tex. Fam.Code Ann. 2.001(b), 2.401 (Vernon 2006). A marriage license may not be issued for the marriage of persons of the same sex. See Tex. Fam.Code Ann. 2.001(b). An informal marriage is solely recognized between a man and a woman. Id. 2.401. Here, because the State clearly showed that J.B. is a male and that appellant is male, the evidence is legally sufficient to prove that appellant was not married to J.B. See Jacques v. State, 579 S.W.2d 247, 248-49 (Tex.Crim.App.1979) (<HOLDING>); Henson v. State, 638 S.W.2d 504, 505
Holding statements: (A) holding that money invested in voluntary investment plan during marriage was marital property because it was property acquired during marriage (B) holding that the law to be applied in determining the validity of an outofstate marriage is the law of the state in which the marriage occurred (C) recognizing that basis for deportation was aliens misrepresentation about his marriage not the validity of his marriage (D) holding husband could not have marriage annulled because wife was pregnant by him at time of marriage (E) holding that appellants substantive rights were not prejudiced by omission in indictment that complainant was not the spouse of the defendant because it had been clearly shown that both appellant and complainant were male and that they could not have obtained marriage license nor entered into commonlaw marriage

Ex Output:
(E)

Ex Input:
was the product of an impermissibly suggestive out-of-court lineup that followed (by several months) Bashonga's review of a photo array. We have examined both the photo array and a videotape of the lineup, and find nothing impermissibly suggestive about either one. See Washington, 12 F.3d at 1134. In particular, we reject Pindell's contention that the lineup was suggestive because he was assigned the same "number" ]s soon as the agents saw the check stubs, they were justified in believing that they were useful as evidence of a money structuring offense," even "without removing the rubber bands and inspecting the stubs individually"). 8 . Pindell does not contend that this action constituted an unlawful search. See United States v. Barnes, 909 F.2d 1059, 1069-70 (7th Cir.1990) (<HOLDING>). 9 . We also conclude that the district court
Holding statements: (A) holding that search of defendants purse which he carried was authorized by a warrant to search his person (B) holding that search of shoulder bag was not authorized by search warrant for apartment (C) holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises (D) holding that under a warrant for seizure of cocaine police were authorized to search through notebooks or any other items in which drugs might be concealed (E) holding that police do not need probable cause or a warrant to search items that have already been searched for inventory purposes

Ex Output:
(D)