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: we approve the decision of the court below and disapprove mayberry v. state, 561 so.2d 1201 (fla. 2d dca 1990), to the extent it conflicts herewith.

A: overruling
****
Q: because it needed only to ""briefly set forth"" the draft permit's factual and theoretical underpinnings, see 40 c.f.r.  124.8(a), the fact sheet's comparative brevity cannot alone be indicative of any illegitimate additions to the response to comments.

A: non-overruling
****
Q: because county boards of education are local agencies of the state, they are clothed in constitutional immunity from suit, and we overrule sims and kimmons, 204 ala. at 387, 85 so. at 777 ("the county board of education is given the right to sue, and the implied right to be sued. . . ."), to the extent that they and their progeny impose an implied "right to be sued" on county boards of education.

A:
overruling
****