EXHIBIT 5.1 KUTAK ROCK LLP SUITE 2100 PEACHTREE CENTER SOUTH TOWER ATLANTA, GEORGIA 30303-1731 404-222-4600 FACSIMILE 404-222-4654 WWW.KUTAROCK.COM Robert E. Altenbach robert.altenbach@kutakrock.com (404) 222-4620 January 30, 2002 Ruby Mining Company Suite 810 The Lenox Building 3399 Peachtree Road, N.E. Atlanta, GA 30326 Gentlemen: We have acted as counsel to Ruby Mining Company (the "Company") in connection with the filing of a Registration Statement on Form S-8 (the "Registration Statement") under the Securities Act of 1933, as amended, pursuant to which the Company is registering 4,500,000 shares (the "Shares") of the Company's common stock, $0.001 par value, that are issuable upon exercise of options granted under the Company's 2002 Stock Option Plan (the "Plan"). In connection therewith, we have examined such corporate records, certificates of public officials and other documents and records as we have considered necessary or proper for the purpose of this opinion. This opinion is limited by, and is in accordance with, the January 1, 1992 edition of the Interpretive Standards applicable to Legal Opinions to Third Parties in Corporate Transactions adopted by the Legal Opinion Committee of the Corporate and Banking Law Section of the State Bar of Georgia. Based on the foregoing, and having regard to the legal considerations which we deem relevant, we are of the opinion that the Shares covered by the Registration Statement, which may be issued pursuant to the Plan, will, when issued, be legally issued, fully paid and nonassessable. We hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to all references to our firm included in or made a part of the Registration Statement. Very truly yours, /s/ Robert E. Altenbach