ECM, Inc. v. Placer Dome U.S., Inc.

I respectfully dissent.

The facts of this case are relatively straightforward. ECM, Inc. (“ECM”) staked the Gold Acres South (“GAS”) claim in Nevada. Placer Dome U.S. Inc. (“PDUS”) staked claims to the northwest of the GAS claim. ECM leased the GAS claim to Royal Gold, Inc. (“Royal Gold”) pursuant to the ECM Lease. Section 19(b) of the ECM Lease stated:

Lessee [Royal Gold] shall furnish lessor [ECM], upon request by Lessor and at termination of this Lease, any reports and data regarding the leased Property gathered or prepared by Lessee or its agents including, but not limited to, reports and…