With no explanation, chose the best option from "A", "B", "C" or "D". weeks before his arrest from a Bob Jones in Salt Lake City as collateral for a loan to Jones. II R. 247. 6 . See also United States v. McElroy, 697 F.2d 459, 465 (2d Cir.1982) (at time of cross-examination of Government’s witness, "it was too late properly to make a motion to suppress [statement allegedly inadmissible under Miranda ]. See Fed.R.Crim.P. 12(b)(3).”); United States v. Contreras, 667 F.2d 976, 978 n. 2 (11th Cir.); (recognizing that failure to make suppression motion before trial ordinarily waives right to make Miranda challenge to statements, but permitting challenge where trial court entertained and ruled on suppression motion during trial), cert. denied, 459 U.S. 849, 103 S.Ct. 109, 74 L.Ed.2d 97 (1982); United States v. Badwan, 624 F.2d 1228, 1232 (4th Cir.1980), (<HOLDING>), cert. denied, 449 U.S. 1124, 101 S.Ct. 941,

A: recognizing circuit agreement that a motion to dismiss based on an arbitration clause is proper under rule 12b3
B: holding inter alia that common law claims were preempted
C: holding that under rule 12b3 and f failure to raise inter alia claim that statements were inadmissible under miranda constituted a waiver
D: holding that motions to dismiss based on forumselection clause should be analyzed under rule 12b3
C.