3 phase breaker on single phase source

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I have a customer who has a 3 phase panel with a spare 125 A 3 pole breaker. Is it permisable to use this breaker to feed a single phase source (use only 2 poles) A new breaker is very costly and that is the reason Im asking. Thanks for any input, please include code reference if there is one.
 
You won't find a permissive code reference. Since there are no code restrictions, it becomes permissable.
 
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