With no explanation, chose the best option from "A", "B", "C" or "D". matter, even if this count were dismissed, Plaintiffs would simply refile with a new caption, putting the case right back where it started. See Fed. R.Civ.P. 8(f) (district courts are to construe pleadings so “as to do substantial justice”); Dopp v. HTP, Corp., 947 F.2d 506, 513 (1st Cir.1991) (“Pleadings are liberally to be construed, and for the purposes of determining what relief a claimant has sought, complaints ought not to be read grudgingly or with a hypertechnical eye.”); Torres Ramirez v. Bermudez Garcia, 898 F.2d 224, 226-27 (1st Cir.1990) (“It is not fatal to a complaint that a legal theory has been mischaracterized or that the precise language invoking jurisdiction has not been used.”); Conn. Gen. Life Ins. Co. v. Universal Ins. Co., 838 F.2d 612, 622 (1st Cir.1988) (<HOLDING>); Janke Constr. Co., Inc. v. Vulcan Materials

A: recognizing authority stating that a plaintiff in a cercla action is allowed to plead alternative theories even if it cannot ultimately seek duplicate recovery
B: holding that the failure to draw the district courts attention to an applicable legal theory waives pursuit of that theory in this court
C: holding that the failure to plead a particular legal theory when the plaintiff pled two related legal theories was not a bar to recovery
D: holding a complaint sufficiently raises a claim even if it points to no legal theory or even if it points to the wrong legal theory as a basis for that claim
C.