Read the following excerpt from a US court opinion:
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(applying literal test); Oregon Bureau of Labor & Indus, ex rel. Richardson v. U.S. West Commc’ns, Inc., 288 F.3d 414, 417-18 (9th Cir.2002) (same); see also Sun Buick, supra, 26 F.3d at 1261-64 (criticizing functional test, but stopping short of rejecting it because administrative agency at issue “would not qualify [as a state court] under any circumstances”); Tool & Die Makers Lodge No. 78 Int’l Ass’n of Machinists v. Gen’l Elec. Co. X-Ray Dept., 170 F.Supp. 945, 949-50 (E.D.Wis.1959) (district court decision that has been characterized as the “genesis” of the functional test). The Fourth Circuit appeared to endorse the functional test in the context of the federal officer removal statute in Kolibash v. Committee on Legal Ethics of West Virginia Bar, 872 F.2d 571, 576 (4th Cir.1989) . Consequently, subsequent decisions in this
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the west virginia state bar committee on legal ethics was a state court for purposes of removal and citing favorably to volkswagen de puerto rico supra 454 f2d 38
B. holding that a minimum fee schedule enforced by the virginia state bar did not fall within the parker exception because the fee schedule was not mandated by the virginia supreme court and thus it could not fairly be said that the state of virginia through its supreme court rules required the anticompetitive activities
C. holding that the proceedings of the west virginia state bar committee on the unlawful practice were judicial in nature based on hallmarks similar to those discussed herein
D. holding that a state procedural default will not bar consideration of a federal claim on habeas review unless the last state court rendering a judgment clearly and expressly stated that its judgment rested on a state procedural bar
E. holding that the united states was a statutory employer under puerto rico law
Reply with [A, B, C, D, E] only.