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It would only be dead ball, foul ball if the ball made contact with the bat before deflecting into the batter while the batter is still in the box. Even on third strike, if it hit bat before the batter it is a foul ball.
But if it contacts the batter and not the bat while the batter is swinging, it is a strike and dead ball. and if it is strike 3 the batter is out.
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