Read the following excerpt from a US court opinion:
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was the pipe cut incident, we refrain from deciding whether that incident, standing alone, would qualify as a “sudden and accidental” release. Although we may disagree with the district court’s legal analysis of the issue, because we affirm on other grounds, a further discussion by this court is unnecessary to the resolution of this appeal. C. The Administrative Proceedings FAG’s insurance policy declares that Liberty has a duty to defend “any suit against the insured seeking damages.” Liberty asserts that it does not, and never did, owe an obligation to FAG to defend against agency action in administrative proceedings because those proceedings are not “suits.” FAG disputes this assertion, claiming that the relevant Eighth Circuit opinion, Gen. Dynamics Corp., 968 F.2d at 713-14 , is no longer viable because it relies on a
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What is the most suitable continuation to the opinion? Your options are:
A. holding that agency litigating positions are not entitled to judicial deference when they are merely posthoc rationalizations for agency action and are advanced for the first time on appeal
B. holding that agency demand letters are not suits
C. holding that section 1823e applies only to assets and does not apply to claims regarding letters of credit because letters of credit are liabilities rather than assets
D. holding that an agency could invoke an exemption that was not previously asserted in its letters with the foiaprivacy act requester
E. holding an agency decision is not final during the time the agency considers a petition for review
Reply with [A, B, C, D, E] only.