Roger,
I still dont' see how you are coming up with statements like:
Both of the phases will drop 120 volts each, so neither is a higher voltage than the other is it?
. To where are they dropping the voltage? And, why it is important?
If the circuit is ungrounded and there is any combination of any two circuit conductors that exceeds the lower voltage then a slash breaker cannot be used. The reason for this is that one of these conductors may accidentally become grounded.
I would include the failure to follow manufacturers instructions and warnings when noting a violation.
[This message has been edited by JBD (edited 11-04-2006).]