Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc.

ORDER

We respectfully certify to the Nevada Supreme Court the questions of law set forth in Section III of this order, pursuant to Nevada Rule of Appellate Procedure 5. The answer will be determinative of an issue pending before this court, and there is no clearly controlling precedent in the decisions of the Nevada Supreme Court.

I. Background

Plaintiff-Appellant Bullion Monarch Mining, Inc. (“Bullion”) alleges that Bar-rick Goldstrike Mines, Inc. (“Barrick”) owes Bullion mineral royalty payments pursuant to an area-of-interest provision contained in a 1979 agreement. According to Bullion, its predecessor-in-interest and several other entities entered into the agreement with a mine operator, Barrick’s predecessor-in-interest, to develop mining claims in the Carlin Trend in Nevada.

The agreement contains an area-of-interest provision requiring the operator to pay Bullion a royalty on production from mining claims the operator might subsequently acquire within the area of interest. The agreement restricts Bullion’s ability to purchase or develop mineral interests in the area of interest. Under the agreement, Bullion is to receive royalty payments on production from…