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The one thing is that the CO is claiming he did say something before the action started. Whether the dealer didn't hear him, or ignored him, I don't know.

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It is a players responsibility to make himself heard and undertsood by the dealer, mumbling underyour breath, whispering, telling the guy next to you, wiggling your finger etc. Are not sufficient.

Way to often players think its enough that they "say something" without any concern for whether or not they can be heard or understood (this is a significant problem with many non-native english speakers.) But a player who has trouble verbally communicating can get still get a dealers attention pretty easily if they make an effort.