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On the softball side - ASA has this exact play in their POE with in essence the same type of ruling that the position of the runner at the realease of the throw is the determining factor.
For ASA they get home. Since the rule does not talk about last legally touched base and tagging up is an appeal play, then the runner has the right to complete his baserunning responsibilites and then accept the awarded bases.
I have always given the runner 3rd but I definitely need to re-evaluate that position. In softball I will change my position on this but in baseball?
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R.Vietti
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