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

on rehearing the majority reasserts its position that johnston v. nanney is controlling and quotes from pellegrini v. mccarthy for the purpose of showing mccarthy v. gonnet has been impliedly overruled, thus apparently suggesting pellegrini as an added reason why johnston is controlling here.
overruling