Read the following excerpt from a US court opinion:
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That alone is enough to demonstrate the regulation provided defendants with the fair notice required by the Due Process Clause. See Rose v. Locke, 423 U.S. 48, 49-50, 96 S.Ct. 243, 46 L.Ed.2d 185 (1975) (explaining that statutes which require interpretation using standard tools of legal analysis are not unconstitutionally vague); United States v. Councilman, 418 F.3d 67, 82-85 (1st Cir.2005) (rejecting a defendant’s fair notice challenges after interpreting a criminal statute in light of its legislative history). Looking beyond the language of Part 273.2(f)(3) and the legislative purpose of e is particularly fair because the record establishes they, as required by their business model, kept abreast of developments in hazardous waste regulation and had act .3d 722, 727 (6th Cir.2013) . The government’s search of Executive’s
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What is the most suitable continuation to the opinion? Your options are:
A. holding for a unanimous court that sentencer in capital case must consider an extensive list of nonstatutory mitigating factors
B. holding that a customer list may be protectable as a trade secret if it is secret and the court examines and determines if it is protectable based on three factors 1 what steps if any an employer has taken to maintain the confidentiality of a customer list 2 whether a departing employee acknowledges that the customer list is confidential and 3 whether the content of the list is readily ascertainable
C. holding that a guidance document is not binding where it provided only a list of factors the agency would consider rather than a clear statement of policy
D. holding that courts should look at the notice afforded by a document rather than a litigants motivation in filing to determine whether a document constitutes a notice of appeal
E. holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint
Reply with [A, B, C, D, E] only.