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

[EX Q]: any statements to the contrary in johnson v. county of fresno, 64 cal.app.2d 576 [ 149 p.2d 38]; klimper v. city of glendale, 99 cal.app.2d 446 [ 222 p.2d 49]; brown v. sequoia union high school dist., 89 cal.app.2d 604 [ 201 p.2d 66]; and slavin v. city of glendale, 97 cal.app.2d 407 [ 217 p.2d 984], are disapproved.
[EX A]: overruling

[EX Q]: whether or not ""under"" and ""arising out of"" carry different meanings, neither supports the ""but for"" construction.
[EX A]: non-overruling

[EX Q]: now, en banc, we overrule bailey and hold that lumpkin does not apply retroactively.
[EX A]:
overruling