With no explanation, chose the best option from "A", "B", "C" or "D". Arthur R. Miller & Mary Kay Kane, § 1487 (1990 & Supp.1997); here the district court never intimated a concern either with bad faith or with prejudice. Alternatively, C&W might be arguing that the district court’s reference to the “entire lengthy record” is an allusion to our suggestion in Firestone, following Foman 371 U.S. at 182, 83 S.Ct. 227, that a plaintiffs failure to cure a defect in its complaint after repeated amendments is at some point sufficient to warrant denying it leave to amend yet again. But we will not infer such an acute point from such an oblique reference— if it is a reference at all — particularly in light of the policy in favor of hearing cases on their merits. See, e.g., Poloron Prods., Inc. v. Lybrand Ross Bros. & Montgomery, 72 F.R.D. 556, 561 (S.D.N.Y.1976) (<HOLDING>); Rosen v. TRW, Inc., 979 F.2d 191, 194 (11th

A: holdingplaintiffs five previous attempts to state cognizable claim did not preclude amendment because federal rules suggest artless drafting of a complaint should not allow for the artful dodging of a claim
B: holding claim is not cognizable
C: holding that insufficiency of evidence not cognizable in postconviction claim
D: holding claim is cognizable
A.