Read the following excerpt from a US court opinion:
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that even assuming the ground invasion had reached the subsurface and become an “offending concentration under some of the appellants’ properties ... some type of physical damages or interference with use must have been demonstrated for appellants to recover for a trespass.” Id. “Stigma damages” were not enough, as they did not indicate actual damage or interference with use. Id. Plaintiff urges that this Court is bound to follow the standard in Chance, and hold that it must find only “some” interference with use or damage caused by the indirect air and water invasion in this case. Plaintiff argues that despite the clear holding in Chance, the Sixth Circuit in Baker incorrectly added a “substantial” damage or interference standard to the holding in Chance. 533 Fed.Appx. at 522-23. . In so holding that “substantial” damage or
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What is the most suitable continuation to the opinion? Your options are:
A. holding that damage to realty was not excluded from coverage if such damage resulted from subsidence caused by something other than soil condition despite homeowners experts description of the damage as settling
B. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did
C. holding that the phrase arising out of the use is ambiguous and interpreting it as originating from or growing out of or flowing from
D. holding that a landowner who lost a strip of property to a highway widening project could not recover losses caused by concurrent placement of a median strip because when less than the entire property is taken compensation for damage to the remainder can be awarded only if such damage is caused by the taking and cjonstruction of the median not the taking caused the alleged damage
E. holding that plaintiffs could not show aerial vapors originating in subsurface plume caused substantial damage or interference with use
Reply with [A, B, C, D, E] only.