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Steve M,
I still have an out. The key to this play is that the runner has already touched second base. Once he has done that, second base is the ONLY base that he "has the right to". The "EFFECT" from Rule 8, Section 3-B, states that "The ball is in play, and the runners may advance or RETURN with liability to be put out". The "return" part is what I think comes into play here.
Just my opinion,
Gus
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