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: any suggestion that our case presents a new phenomenon, then, risks overlooking this long history.

A: non-overruling
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Q: he then estimates that ""at least 960 brake linings were blown out in marcantoni's garage"" during that period of time. he arrives at that figure by multiplying the number of brake linings per wheel (2) by the number of wheels per tandem dump truck (10) by the number of brake replacements per year (2), which comes to 40 brake linings being blown out per   truck per year.

A: non-overruling
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Q: believing, as we do, that there is no basis for a presumption of vindictiveness where a second sentence imposed after a trial is heavier than a first sentence imposed after a guilty plea, we overrule simpson v. rice, supra, to that extent.

A:
overruling
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