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There are about 25 pitchers in the major leagues who use a similar approach in the set. By the letter of the law, it probably is a balk, but by now everyone knows that it won't be called, because of a number of reasons. Included in these are the fact that all of these balks would considerably slow down the game, and the fact that the set in no way deceives the baserunner.
Another version of this is the fact that Anaheim's Ben Weber pumps 3 times during his windup, and I think there's some goofy rule somewhere that says a maximum of 2 pumps are allowed. If that's the case, Weber hasn't thrown a legal pitch out of the windup since he's been in the league.
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