Read the following excerpt from a US court opinion:
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may have been actionable under the 1933 Act is an academic question. As noted earlier, Plaintiffs bring no claim under the 1933 Act. Plaintiffs make these allegations to provide support for their claim that Defendants engaged in an ongoing, consistent scheme of depressing revenue predictions to achieve quick and sustained growth in share prices. 186 .Salinger, 972 F.Supp. at 229. 187 . See Exs. A-G to First Boyle Decl. 188 . See Ex. B to First Boyle Decl. 189 . See Exs. A-B, D-G to Issuer Opp.; Exs. A-E to 12/9/03 Declaration of John Boyle ("Second Boyle Decl.”). 190 . See Menowitz, 991 F.2d at 42; Ezra Charitable Trust v. Frontier Ins. Group, Inc., No 00-5361, 2002 WL 87723 (S.D.N.Y. Jan.23, 2002), aff'd, LC Capital Partners v. Frontier Ins. Group. Inc., 318 F.3d 148 (2d Cir.2003) . 191 .See Ex. H to First Boyle Decl. 192 . See
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What is the most suitable continuation to the opinion? Your options are:
A. holding that failure to disclose that the defendant was involved on both the sellers and buyers side of transactions constitutes a concealment of a material fact sufficient to support a charge of fraud
B. holding no due process violation where the state took one position regarding the credibility of a witness during the trial against defendant and changed its position in a subsequent trial of another defendant involved in the underlying crime
C. holding that defendants answer sufficiently encapsulated the elements of an affirmative defense to have put plaintiff on notice that defendant intended to rely on it
D. holding that the plaintiff did not establish a waiver where the defendants answer had put the plaintiff on notice of an arbitration defense
E. holding that filing of litigation against the same defendant put a plaintiff on inquiry notice of the probability of fraud with another transaction involving the defendant where the complaints in both lawsuits involved similar allegations that defendant failed to disclose its inadequate loss reserves and did not sufficiently monitor its operations
Reply with [A, B, C, D, E] only.