I checked it by putting a small dab of grease on the lug and worked the handle a few times without unlocking it. Grease would smear on the bottom but not the top lug. A piece of scotch tape [.002"] on the top would smear.
I hadn't thought about the trigger/cocking piece before so I pulled the pin out and got some contact up top.
That was after I called Remington this morning and was actually pleased with the rep I spoke with.
After explaining my initial findings, and after his initial "Send it in and we'll check it out" answer, I told him I just want to save my money shipping and their time checking he said unless I was having a function or accuracy issue more than likely they wouldn't do anything about it, that it would be within their tolerance.
He asked what kind of groups I get, I told him, and he said save my money as it would just get sent back.
My only concern was that there are two lugs for a reason and I figured they should both contact, but after checking without the cocking piece putting pressure on it I found they did contact, and after talking with Rem, the lug would still serve it's purpose, keeping the bolt in place, all is good.