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Okay...before you chastise me for having this absolutely silly argument, it's post-football season and we were at lunch. With that said, settle this agreement between me and my co-worker: The calling of dibs. The silly disagreement has continued and we're not agreeing - yet.

Here's the scenario. One of us went to a chicken restaurant today. The patron received one extra tender included in their box. Upon returning to the band hall the discovery of extra tender was made, and one of the two of us called "DIBS."

One argued that since the patron did not purchase the 5th tender that it is then up for grabs under the 'dibs' system. The other argued that since it was included in the meal it's not up for dibs.

So...who is right? And post your reasoning if you'd like please!