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This is a bad ruling but instead of calling floor I would have just politely asked the dealer to give my cards back- they usually will if its a good-natured bunch

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...or if he's a terrible dealer. The instant cards hit the muck, they're dead. Doesn't matter if they're both easily identifiable. Giving the OP his cards back would have been the worst thing to do in this situation.

OP did kinda get screwed over, but dealer should have stuck with his decision to allow the bet and warned the "waver" what his hand motion indicates. I'd have to see this wave to determine if it was a check or not. Usually the only hand action recognized as a check at my B&M is patting the table or rapping knuckles on the table.

ScottieK