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Exhibit 5.1
[WHITE & CASE LETTERHEAD]
January 11, 2001
Newmont Mining Corporation
1700 Lincoln Street
Denver, CO 80203
Dear Sirs:
We are counsel for Newmont Mining Corporation, a Delaware corporation (the
"Company"), and are familiar with the Company's Post-Effective Amendment No. 2
on Form S-8 (the "Post-Effective Amendment") to the Company's Registration
Statement on Form S-4 (No. 333-50516). The Post-Effective Amendment relates to
the issuance from time to time of up to 850,000 shares (the "Shares") of common
stock, par value $1.60 per share, of the Company (the "Common Shares") upon
exercise of options ("the "Options") issued by Battle Mountain Gold Company, a
Nevada corporation ("Battle Mountain"), under the plans listed on Annex A hereto
(the "Plans"). The Options were assumed by the Company in connection with the
merger (the "Merger") of Bounty Merger Corp., a Nevada corporation and wholly-
owned subsidiary of the Company ("BMC"), with and into the Company pursuant to
the Agreement and Plan of Merger, dated as of June 21, 2000, by and among the
Company, BMC and Battle Mountain and the Arrangement Agreement, dated as of June
21, 2000, by and among the Company, Battle Mountain, BMC and Battle Mountain
Canada Ltd., an Ontario corporation. The Merger was effective on January 10,
2001.
We have examined such certificates of public officials, certificates of
corporate agents and certificates of officers of the Company, and the originals
(or copies thereof certified to our satisfaction) of such corporate documents
and records of the Company, and such other documents, records and papers as we
have deemed relevant in order to give the opinions hereinafter set forth. In
this connection we have assumed the genuineness of signatures on and the
authenticity of all documents so examined. Also, we have relied upon such
certificates of public officials, corporate agents and officers of the Company
and such other certificates with
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respect to the accuracy of material factual matters contained therein which were
not independently established.
Based upon the foregoing, it is our opinion that (i) the issuance of the
Shares has been duly authorized by appropriate corporate action of the Company
and (ii) when issued upon exercise of Options and when the exercise price
therefor is paid as provided in such Options and/or the relevant Plans, the
Shares will be validly issued, fully paid and nonassessable.
We hereby consent to the filing of this opinion as an exhibit to the Post-
Effective Amendment. In giving this consent, we do not thereby admit that we
are within the category of persons whose consent is required under Section 7 of
the Securities Act or the rules and regulations of the Securities and Exchange
Commission.
Very truly yours,
/s/ White & Case LLP
