FOLEY, Chief Judge.
This is an action brought by plaintiff Harley J. Gustin to quiet title to certain lode mining claims situated in Nye County, State of Nevada, known as Kay Cooper Nos. 1 to 11 inclusive. The defendants by counterclaim seek to quiet title to lode mining claims known as Ray Ricketts Nos. 1 to 4, both inclusive.
At the beginning of the trial the following colloquy occurred:
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