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*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-40704

Summary Calendar

In the Matter of ANANT KUMAR TRIPATI

Debtor.

-----------------------------------------------

ANANT KUMAR TRIPATI,

Appellant,

VERSUS

ROBERT FRED GIRDLEY,

Appellee.

Appeal from the United States District Court

For the Eastern District of Texas

(4:97-CV-177)

June 4, 1998

Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

The Appellant, Anant Tripati, appeals from an order of the

district court denying a writ of mandamus which seeks to compel the
bankruptcy court to grant a jury trial. An order of the district

court denying a mandamus petition is a final order, and therefore,

appealable under 28 U.S.C. § 1291. Although the Seventh Amendment

would otherwise entitle a creditor to a jury trial on its claim,

when the same claim arises as part of the process by which the

bankruptcy res is divided, the claim is triable in equity. See In

re Jensen, 946 F.2d 369, 373 (5th Cir. 1991). 

Because the appellant has submitted a claim against the

bankruptcy estate, he is subject to the bankruptcy court’s

equitable power, and thus not entitled to a jury trial. 

Accordingly, the order of the district court is 

AFFIRMED.
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EXHIBIT 32

Via EDGAR

Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549

Re: Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Ladies and Gentlemen:

In
connection with the Quarterly Report of Enduro Royalty Trust (the Trust) on Form 10-Q for the quarterly period ended June 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the Report), the
undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
|--- | ---------------------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------

The above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and
is not being filed as part of the Form 10-Q or as a separate disclosure document.



|                      |  |                                                
|--------------------- |  | -----------------------------------------------
|Date: August 10, 2012 |  | /s/ MIKE ULRICH                                
|                      |  | Mike Ulrich                                    
|                      |  | Vice President                                 
|                      |  | The Bank of New York Mellon Trust Company, N.A.
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113TH CONGRESS 

1ST SESSION S. CON. RES. 17 

CONCURRENT RESOLUTION 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That when the Senate recesses or adjourns 

3 on any day from Thursday, May 23, 2013, through Fri4 day, May 31, 2013, on a motion offered pursuant to this 

5 concurrent resolution by its Majority Leader or his des6 ignee, it stand recessed or adjourned until 12:00 noon on 

7 Monday, June 3, 2013, or such other time on that day 

8 as may be specified by its Majority Leader or his designee 

9 in the motion to recess or adjourn, or until the time of 

10 any reassembly pursuant to section 2 of this concurrent 

11 resolution, whichever occurs first; and that when the 

12 House adjourns on any legislative day from Thursday, 

13 May 23, 2013, through Friday, May 31, 2013, on a mo14 tion offered pursuant to this concurrent resolution by its 

15 Majority Leader or his designee, it stand adjourned until 

16 2:00 p.m. on Monday, June 3, 2013, or until the time 

17 of any reassembly pursuant to section 2 of this concurrent 

18 resolution, whichever occurs first. 
2 

†SCON 17 ES 

1 SEC. 2. The Majority Leader of the Senate and the 

2 Speaker of the House, or their respective designees, acting 

3 jointly after consultation with the Minority Leader of the 

4 Senate and the Minority Leader of the House, shall notify 

5 the Members of the Senate and House, respectively, to re6 assemble at such place and time as they may designate 

7 if, in their opinion, the public interest shall warrant it. 

Passed the Senate May 23, 2013. 

Attest: 

Secretary. 

113TH CONGRESS 

1ST SESSION S. CON. RES. 17 

CONCURRENT RESOLUTION 

Providing for a conditional adjournment or recess 

of Representatives. of the Senate and an adjournment of the House
Exhibit 13.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES - OXLEY ACT OF 2002


In connection  with the Annual  Report of FEC  Resources Inc (the  "Company") on
Form 20-F for the period ending  December 31, 2004 as filed with the  Securities
and Exchange  Commission on the date hereof (the "Report"),  I, Larry W. Youell,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

(2) The  information  contained in the Report fairly  presents,  in all material
respects, the financial condition and results of operations of the Company.


By:   /s/ LARRY YOUELL

      Name:  Larry Youell

      Title: Chief Executive Officer - principal executive officer

      Date:  July 15, 2005
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6265

JASPER NAPOLEON BUCHANAN, Plaintiff - Appellant, versus WILLIAM D. CATOE, Director of SCDC; CALVIN ANTHONY, Warden, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Solomon Blatt, Jr., Senior District Judge. (CA-99-4061-0-8BD) Submitted: May 11, 2000 Decided: May 18, 2000 Before MURNAGHAN, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Jasper Napoleon Buchanan, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Although the district court’s order is marked as “filed” on February 9, 2000, the district court’s records show that it was entered on the docket sheet on February 11, 2000. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2 PER CURIAM: Jasper Napoleon Buchanan, a South Carolina inmate, appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint under 28 U.S.C.A. § 1915(g) (West Supp. 1999). We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. See Buchanan v. Catoe , No. CA-99-4061-0-8BD (D.S.C. Feb. 11, 2000). * We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

FRANK CASIANO,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 211 EAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 19th day of September, 2017, the Petition for Allowance of 

Appeal is DENIED.
1 

### STATE OF WEST VIRGINIA

SUPREME COURT OF APPEALS

Kevin Miller, Claimant Below, Petitioner

v.) No. 23-231 (JCN: 2020024251)

(ICA No. 22-ICA-180)

Grant County Mulch, Inc., Employer Below, Respondent



### MEMORANDUM DECISION

Petitioner Kevin Miller appeals the March 6, 2023, memorandum decision of the Intermediate Court of Appeals of West Virginia (“ICA”). See Miller v. Grant County Mulch, Inc.

, No. 22-ICA-180, 2023 WL 2367453 (W. Va. Ct. App. Mar. 6, 2023) (memorandum decision). Respondent Grant County Mulch, Inc. filed a timely response. 1 The issue on appeal is whether the ICA erred in affirming the September 21, 2022, decision of the West Virginia Workers’ Compensation Board of Review, which affirmed the claim administrator’s decision denying the addition of the following conditions to the claim: (1) cervicalgia; (2) spondylosis without myelopathy or radiculopathy, lumbar region; (3) spondylosis without myelopathy or radiculopathy, thoracic region; and (4) other deforming dorsopathies.

The claimant asserts that the conditions he seeks to add to the claim are related to the compensable injury. The employer maintains that the claimant points to no erroneous procedure, no arbitrary or capricious conclusions, and no abuse of discretion or jurisdictional error by the

tribunals below.

This Court reviews questions of law de novo, while we accord deference to the Board of Review’s findings of fact unless the findings are clearly wrong. Syl. Pt. 3, Duff v. Kanawha Cnty.

Comm’n , No. 23-43, 2024 WL 1715166 (W. Va. Apr. 22, 2024). Upon consideration of the record and briefs, we find no reversible error and therefore summarily affirm. See W. Va. R. App. P. 21(c).

Affirmed.

ISSUED: 

### August 27, 2024

1 The petitioner is represented by counsel Sandra K. Law, and the respondent is represented by counsel Loren C. Allen and Jeffrey B. Brannon. 

### FILED August 27, 2024

C. CASEY FORBES, CLERK

SUPREME COURT OF APPEALS

OF WEST VIRGINIA2

CONCURRED IN BY:

Chief Justice Tim Armstead

Justice Elizabeth D. Walker

Justice John A. Hutchison

Justice William R. Wooton Justice C. Haley Bunn
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```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 1 Enrolled Bill (ENR)]

        S.Con.Res.1
                                       Agreed to January 3, 2013        

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and thirteen

                          Concurrent Resolution

    Resolved by the Senate (the House of Representatives concurring), 
That provide the two Houses of Congress shall meet in the Hall of the 
House of Representatives on Thursday, the 4th day of January 2013, at 1 
o'clock post meridian, pursuant to the requirements of the Constitution 
and laws relating to the election of President and Vice President of 
the United States, and the President of the Senate shall be their 
Presiding Officer; that two tellers shall be previously appointed by 
the President of the Senate on the part of the Senate and two by the 
Speaker on the part of the House of Representatives, to whom shall be 
handed, as they are opened by the President of the Senate, all the 
certificates and papers purporting to be certificates of the electoral 
votes, which certificates and papers shall be opened, presented, and 
acted upon in the alphabetical order of the States, beginning with the 
letter ``A''; and said tellers, having then read the same in the 
presence and hearing of the two Houses, shall make a list of the votes 
as they shall appear from said certificates; and the votes having been 
ascertained and counted in the manner and according to the rules by law 
provided, the result of the same shall be delivered to the President of 
the Senate, who shall thereupon announce the state of the vote, which 
announcement shall be deemed a sufficient declaration of the persons, 
if any, elected President and Vice President of the United States, and, 
together with a list of the votes, be entered on the Journals of the 
two Houses.
Attest:

                                               Secretary of the Senate.
Attest:

                                 Clerk of the House of Representatives.
```