With no explanation, chose the best option from "A", "B", "C" or "D". F.2d at 1562. Southern asserts that GUA did not take steps necessary to obtain permits to commence construction or to obtain environmental permits. Moreover, GUA did not contact FERC regarding approval of a bypass facility. Tutcher Deposition at 517-520. Southern also dismisses GUA’s discussions and communications with FERC and the Alabama Public Sendee Commission regarding necessary approvals and eminent domain rights as exploratory. According to Southern, courts have held that such preliminary efforts can not confer antitrust standing. Parks v. Watson, 716 F.2d 646, 660 (9th Cir.1983). Responding to GUA’s contentions that it was futile to take such steps absent a tap, Southern argues that such positions have routinely been rejected. See, e.g., Jayco Sys., Inc., supra, 111 F.2d at 314 (<HOLDING>). See also Cable Holdings, Inc., supra, 825

A: holding that prior dui conviction could be used to enhance an offense to felony even though defendant did not have appointed counsel where defendant could not have been imprisoned for more than six months and was not in fact imprisoned
B: holding that the court had an adequate record to grant the defendants motion for summary judgment because the relevant evidence would have been in plaintiffs possession
C: holding that the plaintiff could not show surprise when the plaintiff had received the additional terms from the defendant prior to the agreement
D: holding that the fact plaintiff could not have acquired machines from defendant even had it undertaken adequate preparations did not excuse plaintiffs failure to undertake such preparations
D.