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BULLION MONARCH MIN. v. BARRICK GOLDSTRIKE MINES

No. 11-15479.

686 F.3d 1041 (2012)

BULLION MONARCH MINING, INC., Plaintiff-Appellant, v. BARRICK GOLDSTRIKE MINES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 13, 2012.

Attorney(s) appearing for the Case

Clayton P. Brust , Robison, Belaustegui, Sharp & Low, Reno, NV, for the plaintiff-appellant.

Francis M. Wikstrom , Michael P. Petrogeorge , Brandon J. Mark , Parsons, Behle & Latimer, Salt Lake City, UT; Michael R. Kealy , Parsons Behle & Latimer, Reno, NV, for the defendants-appellees.

Before: SIDNEY R. THOMAS, M. MARGARET McKEOWN, and WILLIAM A. FLETCHER, Circuit Judges.

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 Barrick Goldstrike Mines, Inc...

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