ORDER GRANTING SUMMARY JUDGMENT
BRUCE R. THOMPSON, District Judge.
The primary issue raised by the parties' cross-motions for summary judgment is the constitutionality of 43 U.S.C. § 1744(a) and (c). This statute creates an irrebuttable presumption that mining claims are abandoned if the miner fails to timely file an annual proof of labor (assessment notice). After careful consideration,
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