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: see smith v. babcock & wilcox constr. co., 913 s.w.2d 467, 468 (tex. 1995) (per curiam).

A: non-overruling
****
Q: having considered the present appeal in banc in order to clarify our precedents with respect to the scope of the government's navigational servitude, we now reverse the judgment of the claims court, overrule those portions of pitman and ballam which are inconsistent with the following opinion, and remand this case for further proceedings not inconsistent herewith.

A: overruling
****
Q: still other states with a similar rule of evidence to tenn.r.evid. 404 have concluded that the sex crimes exception cannot be reconciled with the restrictive language of tenn. r.evid. 404; as a result, they have overruled prior cases to the contrary and expressly rejected the "sex crimes" exception, holding instead that evidence of prior sexual misconduct is governed by the same evidentiary rules as evidence of other non-sexual misconduct.

A:
overruling
****