HEALY, Circuit Judge.
The material facts of this case are not in dispute and there is no need to review them.
I am unable to escape the proposition that there cannot be said to have been an abandonment or discard of the subsurface mineral in 1942, as contemplated by the Regulations, in view of the admission of plaintiff's president that declarations of intention to continue to hold the unpatented claims were filed in 1942 and subsequently for the years 1943...
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