Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc., No. 11-15479 (9th Cir. 2012)
Annotate this CaseThis case arose when plaintiff alleged that defendant owed it mineral royalty payments pursuant to an area-of-interest provision contained in a 1979 agreement. The court certified two questions to the Nevada Supreme Court: (1) Under Nevada law, does the Rule Against Perpetuities apply to an area-of-interest provision in a commercial agreement? and (2) If the Rule Against Perpetuities did apply, is reformation available under Nevada Revised Statute 111.1039(2)? All further proceedings in the case were stayed pending receipt of the answer from the Nevada Supreme Court.
The court issued a subsequent related opinion or order on April 24, 2015.
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