Base missed when retreating, then ball out of play

[kopan99]

Almost happened in a NFHS game here in PA:

Runner on first, batter hits drive to gap; runner takes off and rounds well past second, but the ball is caught and the runner fails to retouch second on his way back to first; the fielder tries to double up the runner at first but throws the ball out of play. The runner is awarded third, so he touches second on his way to third.

I know that you can't return to touch a previous base missed or left early once you have reached a succeeding base if the ball goes out of play.

I am 90% sure that even though the runner touches second on his way to the awarded third base, that the defense may still successfully appeal the base missed while the runner was retreating. But, I cannot find any references in the NFHS case book. Anyone know of any other applicable case interpretations?

Now, what if the throw DID NOT go out of play and the runner re-advances on the wild throw. He is now on second again during a live ball. Since he is occupying (and re-touching) the missed base, can this be successfully appealed.