Quoting%20commentary for Ketubot 168:5

לא דכ"ע טעה בדבר משנה חוזר והכא בהא קמיפלגי מר סבר הלכה כר"ע מחבירו ולא מרבו ומר סבר הלכה אפי' מרבו

No; all agree that if the judge erred in a decision because he overlooked a mishnah, the decision must be reversed, but they disagree about the follow: One Master holds that the halakhah is in agreement with R. Akiva [only when he disagrees] with a colleague of his but not with his master, while the other Master holds that the halakhah [is in agreement with him] even [if he disagrees] with his master.

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