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Let's pick this nit then.
If it was caught, over foul territory, it WOULD be foul. By definition, a ball that is first touched over foul territory is a foul ball. It is not, however, a DEAD ball, obviously. We would not holler "FOUL BALL!" (implying to the players that the ball is dead) on a caught foul fly, but that doesn't make it not foul.
I agree that a ball in flight has no foul-fair designation (until it leaves the park), but once it's touched, it is either fair or foul by definition.
I'll have to dig, but one of the caseplays mentions (or mentionED) a caught foul fly ball.
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"Many baseball fans look upon an umpire as a sort of necessary evil to the luxury of baseball, like the odor that follows an automobile." - Hall of Fame Pitcher Christy Mathewson
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