In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

Q: but abatie held that district courts may take additional evidence whenever "[procedural] irregularities have prevented full development of the administrative record," abatie, 458 f.3d at 973, and to the extent that our earlier cases conflict with abatie, a later en banc decision, those cases are no longer good law.

A: overruling
****
Q: concluding that the outcome of this appeal with respect to attorney fees turns on our precedent in devine v. national treasury employees union, 805 f.2d 384 (fed. cir. 1986), and goodrich v. department of the navy, 733 f.2d 1578 (fed. cir. 1984), we decided to rehear the appeal en banc so that we could consider the following question:

A: overruling
****
Q: the court of appeals affirmed.

A:
non-overruling
****