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.

Q: Dubuque’s “irrevocable” decision to relocate was not a vote to categorically refuse Dubuque’s overtures, but a vote to insist on financial disclosure as a prelude to bargaining. The Board’s finding that good-faith bargaining between Dubuque and the UFCW might not have been futile was substantially supported by the record. 3. Retroactivity Finally, Dubuque argues that the Board erred by “retroactively” employing its new test in this case. Again, we disagree. Our formulation of the standard for evaluating challenges to the retroactive application of a ruling from an agency adjudication has varied. Compare Retail, Wholesale & Dep’t Store Union v. NLRB, 466 F.2d 380, 390 (D.C.Cir.1972) (applying a five-factor test) with Consolidated Freightways v. NLRB, 892 F.2d 1052, 1058 (D.C.Cir.1989) (<HOLDING>) (internal quotation marks omitted) with 
 Holding statements: (A) holding no retroactive application (B) recognizing a general principle that retroactive application of rules is permitted absent any manifest injustice (C) holding retroactive application (D) recognizing principle (E) holding that retroactive application of amendments will not result in manifest injustice

A: (B)
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Q: the genus of goods or services for which it seeks protection. See 15 U.S.C. § 1051(a)(2), (b)(2); 37 C.F.R. §§ 2.32(a)(6), 2.71(a); TMEP § 1402.01; see also Stone Lion Capital Partners, L.P. v. Lion Capital LLP, 746 F.3d 1317, 1324 (Fed.Cir.2014) (“Parties that choose to recite services in their trademark application that exceed their actual services will be held to the broader scope of the application.”); Octocom Sys., 918 F.2d at 942 (“[R]egistrability of an applicant’s mark must be decided on the basis of the identification of goods set forth in the application.... ”). The PTO will generally accept any identification of goods or services so long as it is “specific, definite, clear, accurate, and concise.” TMEP § 1402.01; see also In re Omega SA 494 F.3d 1362, 1365 (Fed.Cir.2007) (<HOLDING>) (quoting In re Water Gremlin Co., 635 F.2d 
 Holding statements: (A) holding that relators failure to meet the particularity requirements of rule 9b did not bar his claim where the relator was a former employee of the defendants and lacked access to records and documents in the possession of the defendants that contained information necessary to plead with particularity (B) holding that the concerns that require fraud to be pleaded with particularity are even more urgent in a civil rico action (C) holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant (D) holding that it is within the discretion of the pto to require that ones goods be identified with particularity in a trademark application (E) holding that a rule 10b5 claim must be stated with particularity

A: (D)
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Q: Reversed. Judge HUNTER, JR. concurs in result with separate opinion. Judge STEELMAN dissents. 1 . The pseudonym T.A.S. is used to protect the identity of the juvenile. 2 . The record does not indicate whether the male students’ underwear was subject to the search or, if so, how the inspection thereof was conducted. In fact, Ms. Robinson’s testimony suggests that only the girls were subject to this more extensive search. 3 . The same standard applies here despite the presence of a law enforcement officer because, as found by the trial court, the search was conducted by school administrators and staff, and the school resource officer’s role was limited to observation, as he did not participate in the actual search. See In re Murray, 136 N.C. App. 648, 650, 525 S.E.2d 496, 498 (2000) (<HOLDING>); see also In re J.F.M. & T.J.B., 168 N.C. App. 
 Holding statements: (A) holding that search of shoulder bag was not authorized by search warrant for apartment (B) holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises (C) holding the tlo standard governs school searches when school resource officers  who although employed by the local police department are primarily responsible to the school district  are acting in conjunction with school officials (D) holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours (E) holding search was conducted by school official where school resource officer did not search the bag himself or conduct any investigation on his own and therefore applying the tlo reasonableness standard

A:
(E)
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