With no explanation, chose the best option from "A", "B", "C" or "D". p. 827. 10 . The Producers’ counsel soundly pointed out at oral arguments that delivery of the contracted commodity may occur under a futures contract. The Seventh Circuit Court of Appeals, however, observed that: Although futures contracts specify delivery as a possible method of satisfying the short's obligations, it is much more common for such contracts to be closed out by the "buyer’s” taking an offsetting position in a new contract identical but for its price. Dunn v. CFTC, 519 U.S. 465, 472, 117 S.Ct. 913, 137 L.Ed.2d 93 (1997); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran, supra, 456 U.S. at 359 n. 18, 102 S.Ct. 1825 (only 3 percent closed out by delivery); Salomon Forex, Inc. v. Tauber, 8 F.3d 966, 971 (4th Cir.1993); Cargill, Inc. v. Hardin pp. 1221 (N.D.Iowa 1994) (<HOLDING>). 13 .Such factors included whether the

A: holding that hearsay in affidavit which would be inadmissible in evidence at trial could not be considered on motion for summary judgment
B: holding that plaintiffs affidavit submitted at summary judgment stage and contradicting earlier deposition testimony should not be considered
C: holding actual malice was not shown although defendant relied upon a single affidavit as a source without knowledge of the affiants reputation for veracity or lack thereof
D: holding that belated affidavit could be considered where affiants memory was recently refreshed by photographs which he had not been shown during deposition
D.