Read the following excerpt from a US court opinion:
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'only expressly in a state statute or constitution' or by overwhelming implication from the text of that state statute or constitution). Thus, KSU argues that-in this case a waiver may only be found if the text of Kan. Stat. Ann. § 76-723 overwhelmingly implies no other reasonable construction. On the other hand, the debtors urge us to follow the approach taken by the bankruptcy and district courts-reading the legislation in concert with the contract and the federal regulation to determine wh ida Nursing Home Ass’n, 450 U.S. 147, 150, 101 S.Ct. 1032, 67 L.Ed.2d 132 (1981) (stating that state agency’s explicit agreement “to obey federal law in administering federal program can hardly be deemed an express waiver of Eleventh Amendment immunity”); Edelman, 415 U.S. at 673-74, 94 S.Ct. 1347 ; accord Duke v. Department of Agric., 131 F.3d
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What is the most suitable continuation to the opinion? Your options are:
A. holding that federal express despite the use of the word federal in its name is not a federal agency and therefore cannot be sued in this court
B. holding that neither mere participation in a federal program nor provision requiring compliance with federal law is sufficient to establish that the state consented to be sued in federal court
C. holding federal government not barred from relitigating facts resolved in defendants favor in prior state prosecution because federal government is neither the same as nor in privity with state
D. holding that federal law governs res judicata effect of an earlier federal judgment based on federal law
E. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law
Reply with [A, B, C, D, E] only.