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Agree with Steve and BretMan. The "not higher than the batter's head" was a condition that was placed on a foul tip (i.e. if it went higher than the batter's head it was NOT a foul tip). There was no "not lower than the batter's head" condition placed on what could be caught for an out. It was certainly possible (and not uncommon) for the catcher to catch for an out a batted ball that stayed below the batter's head, so long as the catcher had to make a play on the ball rather than have the ball go directly to her hand/glove.
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Tom
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