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From README_GRUB4DOS.txt:
As of 2006-12-23, by default, GRUB.EXE will locate its config file in the following order:
The default boot device is still (hd0,0).
In other words, which is what I found out, if you are booting from CD, the /menu.lst will not be read from CD, the booting device, but '(hd0,0)', the "default boot device".
documented on: 2008-06-03