alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 11

MIDWESTONEFINANCIAL GROUP, INC.

AND SUBSIDIARIES

STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS



|                                                                                                        |  |                             |           |      |   |          
|------------------------------------------------------------------------------------------------------- |  | --------------------------- | --------- | ---- | - | ---------
|                                                                                                        |  | Three Months EndedMarch 31,
|                                                                                                        |  | 2006                        |           | 2005
|Earnings per Share Information:                                                                         |  |                             |           |      |   |          
|Weighted average number of shares outstanding during the period                                         |  |                             | 3,706,331 |      |   | 3,763,715
|Weighted average number of shares outstanding during the period including all dilutive potential shares |  |                             | 3,771,216 |      |   | 3,855,748
|Net earnings                                                                                            |  | $                           | 1,918,892 |      | $ | 1,730,107
|Earnings per sharebasic                                                                                |  | $                           | 0.52      |      | $ | 0.46     
|Earnings per sharediluted                                                                              |  | $                           | 0.51      |      | $ | 0.45     

See note 4 of the accompanying notes to consolidated financial statements.
**Exhibit      32.1**

|   | (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. |
|   |
|   |

|                             Date:  February 14,              2006 | /s/ Robert              S. Wiggins                                                |
|--------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|
|                                                                                                                                                   | Robert S.              Wiggins                                                    |
|                                                                                                                                                   | Chairman              of the Board, President and Chief Executive              Officer |
|                                                                                                                                                   |
|                                                                                                                                                   |
|                                                                                                                                                   |
|                                                                                                                                                   |
Exhibit 31.1

CERTIFICATION PURSUANT TO
SECTION 302(a) OF THE SARBANES-OXLEY ACT OF 2002

I, Samuel Masucci, III, certify that:

I have reviewed this Quarterly Report on Form 10-Q of the MacroShares Major Metro Housing Up Trust;

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

The other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a.

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b.

Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c.

Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal period (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

The other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors, the board of managers of MacroShares Housing Depositor, LLC, and the audit committee of MacroMarkets LLC (or persons performing the equivalent functions):

a.

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

b.

Any fraud, whether or not material, that involves persons who have a significant role in the registrant's internal control over financial reporting.

Date: September 14, 2009

| |     |                                                                                  
| | --- | ---------------------------------------------------------------------------------
| | By: | /s/ SAMUEL MASUCCI, III                                                          
| |     | Samuel Masucci, III
Chief Executive Officer of Depositor,
on behalf of Registrant
**Exhibit 32.1**

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 

PURSUANT TO 

18 U.S.C. SECTION 1350, 

AS ADOPTED PURSUANT TO 

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

 

I, Douglas R. Young, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Annual Report of NeoMagic Corporation on Form 10-K for the fiscal year ended January 27, 2008 fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934 and that information contained in such report fairly presents in all material respects the financial condition and results of operations of NeoMagic Corporation. This written statement is being furnished to theSecurities and Exchange Commission as an exhibit to such Form 10-K. A signed original of this statement has been provided to NeoMagic and will be retained by NeoMagic and furnished to the Securities and Exchange Commission or its staff upon request.

 

Date: April 24, 2008 

 

By: /s/ Douglas R.Young            

Name: Douglas R. Young 

Title: Chief Executive Officer
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Texas Mutual Insurance Company

,

Appellant,

v.

Anita Dejaynes, Individually and as Next

friend of Alysse Dejaynes, Noah Matthew

Dejaynes, and Emma Michelle Dejaynes,

Minor Children

,

Appellee. §

§

§

§

§

§

§ No. 08

- 1 8

- 00147

- CV

Appeal from the

143 rd District Court

of Ward County , Texas

(TC# 15

- 12

- 23771

- CVW )

O R D E R

The notice of appeal was received and fi led in this office on August 20 , 201 8 . The final

judgment does not reflect the date it was signed by the trial court judge. See T EX .R.C IV .P. 306a(2).

It is, therefore, ORDERED that the Honorable Mike Swanson , Judge of the 143 rd District Court of

Ward County

, Texas, enter a nunc pro tunc final judgment reflecting the date on which the

judgment was previously signed. The nunc pro tunc final judgment shall be filed with the District

Clerk of Ward County, Texas, and the District Clerk shall include said nunc pro tunc final

judgment in the clerk’s record

.

IT IS SO ORDERED this 20 th day of August, 201 8

.

PER CURIAM

Before McClure , C.J., R odriguez and Palafox , JJ.
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Page 24571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10617]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[Order No. 1677]


Designation of New Grantee

Foreign-Trade Zone 185, Culpeper, Virginia

Resolution and Order

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:
    The Foreign-Trade Zones Board (FTZ) Board (the Board) has 
considered the application (filed 12/01/09) submitted by the Culpeper 
County Chamber of Commerce, grantee of FTZ 185, requesting reissuance 
of the grant of authority for said zone to the County of Culpeper, a 
public corporation, which has accepted such reissuance subject to 
approval by the FTZ Board. Upon review, the Board finds that the 
requirements of the FTZ Act and the Board's regulations are satisfied, 
and that the proposal is in the public interest.
    Therefore, the Board approves the application and recognizes the 
County of Culpeper as the new grantee of Foreign-Trade Zone 185, 
subject to the FTZ Act and the Board's regulations, including Section 
400.28. The Secretary of Commerce, as Chairman of the Board, is hereby 
authorized to issue an appropriate Board Order.
    Signed at Washington, DC, this 20\th\ day of April 2010.

Ronald K. Lorentzen,
Deputy Assistant Secretary of Commerce for Import Administration 
Alternate Chairman Foreign-Trade Zones Board.
    ATTEST:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2010-10617 Filed 5-4-10; 8:45 am]
BILLING CODE 3510-DS-S
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                                                    EXHIBIT 99.1

Schedule II - Valuation and Qualifying Accounts

<TABLE>
<CAPTION>
                                                         ACQUISITION                           DEDUCTIONS
                                          BEGINNING          OF          ADDITIONS CHARGED     CHARGED TO
                                           BALANCE        BUSINESS           TO INCOME           RESERVE      ENDING BALANCE
                                          ----------     -----------     -----------------     ----------     --------------
<S>                                       <C>            <C>             <C>                   <C>            <C>
Accounts receivable allowances - 2005     $1,283,000      $ 260,000          $1,892,000        $2,095,000       $1,340,000
Accounts receivable allowances - 2004     $1,341,000              -          $2,040,000        $2,098,000       $1,283,000
Accounts receivable allowances - 2003     $1,546,000              -          $1,997,000        $2,202,000       $1,341,000
</TABLE>

<PAGE>

            REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

TO THE BOARD OF DIRECTORS AND SHAREHOLDERS OF RENAISSANCE LEARNING, INC. AND
SUBSIDIARIES:

     We have audited the consolidated financial statements of Renaissance
Learning, Inc. and subsidiaries (the "Company") as of December 31, 2005 and
2004, and for each of the three years in the period ended December 31, 2005,
management's assessment of the effectiveness of the Company's internal control
over financial reporting as of December 31, 2005, and the effectiveness of the
Company's internal control over financial reporting as of December 31, 2005, and
have issued our reports thereon dated February 22, 2006; such reports are
included elsewhere in this Form 10-K. Our audits also included the consolidated
financial statement schedule of the Company listed in Item 15. The consolidated
financial statement schedule is the responsibility of the Company's management.
Our responsibility is to express an opinion based on our audits. In our opinion,
such consolidated financial statement schedule, when considered in relation to
the basic consolidated financial statements taken as a whole, present fairly, in
all material respects, the information set forth therein.

                                          DELOITTE & TOUCHE LLP

Milwaukee, Wisconsin
February 22, 2006
Exhibit 11



MIDWESTONEFINANCIAL GROUP

AND SUBSIDIARIES

STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS



|                                                                                                        |  |                                 |           |                                |   |           |  |      |           |  |   |          
|------------------------------------------------------------------------------------------------------- |  | ------------------------------- | --------- | ------------------------------ | - | --------- |  | ---- | --------- |  | - | ---------
|                                                                                                        |  | Three Months EndedSeptember 30, |           | Nine Months EndedSeptember 30,
|                                                                                                        |  | 2004                            |           | 2003                           |   | 2004      |  | 2003
|Earnings per Share Information:                                                                         |  |                                 |           |                                |   |           |  |      |           |  |   |          
|Weighted average number of shares outstanding during the period                                         |  |                                 | 3,759,673 |                                |   | 3,828,419 |  |      | 3,788,203 |  |   | 3,871,562
|Weighted average number of shares outstanding during the period including all dilutive potential shares |  |                                 | 3,847,760 |                                |   | 3,941,184 |  |      | 3,892,459 |  |   | 3,974,208
|Net earnings                                                                                            |  | $                               | 1,589,127 |                                | $ | 1,402,672 |  | $    | 4,596,122 |  | $ | 4,128,234
|Earnings per share - basic                                                                              |  | $                               | 0.42      |                                | $ | 0.37      |  | $    | 1.21      |  | $ | 1.07     
|Earnings per share - diluted                                                                            |  | $                               | 0.41      |                                | $ | 0.36      |  | $    | 1.18      |  | $ | 1.04
(No. 5586.

December 31, 1930.)

#### JOHN SCHLEHUBER, Appellant, v. PACIFIC AND IDAHO NORTHERN RAILROAD COMPANY, a Corporation, Respondent.

[294 Pac. 841.]

D. L. Carter, for Appellant.

Frank D. Ryan, for Respondent.

BRINCK, District Judge.

Motion is made to dismiss this appeal for failure to file transcript of the record in this *243court within the time provided by rule 23 of this court. The appeal was perfected on February 1,1930. The reporter’s transcript was lodged and copies delivered to counsel for appellant on March 29, 1930, who within ten days thereafter (instead o.f the five days provided by the rule) served it upon counsel for respondent. The record discloses no further action ever taken by appellant’s counsel, and no extension was sought or procured in this court of the time within which to file a transcript of the record which was due within sixty days after the reporter’s transcript was delivered to him. The appeal was reached upon the calendar and set for hearing on December 15, 1930, at which time the present motion was presented.

Counsel for appellant relies upon an oral understanding had with counsel for respondent during the seven months succeeding the. service of the reporter’s transcript that at some later time a stipulation would be made designating errors in the transcript. The death of counsel for respondent occurred on November 11, 1930, and his successor knows nothing of such oral understanding. But even if the oral understanding were admitted, no valid excuse for the delay would appear; there has been such a lack of diligence in getting the case ready for presentation in this court that the appeal must be dismissed. *(Gerken v. Davidson Grocery Co.,*48 Ida. 75, 279 Pac. 422; *Grandview State Bank v. Thams,*45 Ida. 566, 263 Pac. 1000.)

Appeal dismissed.

Givens, C. J., and Lee, Varian and McNaughton, JJ., concur.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 11020 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
TRACY JOHNSON , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:17

- CR

- 17

- 1

Before HIGGINSON, COSTA, and HO, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Tracy Johnson has moved for leave
to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011).
Johnson h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 31, 2019

Lyle W. Cayce Clerk Case: 18-11020 Document: 00514817356 Page: 1 Date Filed: 01/31/2019No. 18

- 11020

2 Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from fu rther responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 18-11020 Document: 00514817356 Page: 2 Date Filed: 01/31/2019
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 11309 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. MIGUEL ANGEL MARTINEZ

- CERDA , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:16

- CR

- 72

- 1

Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Miguel Angel Martinez

- Cerda appeals the 41

- month sentence imposed following his guilty plea conviction for illegal reentry. He contends that the district court erred by imposing a 16

- level enhancement under the crime of violence provision of U.S.S.G. § 2L1.2(a)(1)(A)(ii) (2015) base d on his prior Texas felony conviction of aggravated assault. We review this determination

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 19, 2017 Lyle W. Cayce Clerk Case: 16-11309 Document: 00514162087 Page: 1 Date Filed: 09/19/2017No. 16

- 11309

2 de novo. See United States v. Izaguirre

- Flores , 405 F.3d 270, 272 (5th Cir. 2005)

. Martinez

- Cerda argues that Texas aggravated assault is broader than generic agg ravated assault and, furthermore, does not require the use or threatened use of force for purposes of § 2L1.2(a)(1)(A)(ii). He acknowledges this court’s holding in United States v. Guillen

- Alvarez , 489 F.3d 197, 198 (5th Cir. 2007), but argues that Guille n - Alvarez and United States v. Mungia

Portillo , 484 F.3d 813 (5th Cir. 2007), were wrongly decided and have been called into question by the reasoning of other circuit courts

. However, one panel of this court may not overrule the decision of another panel absent an intervening change in the law, for instance through a superseding decision of the Supreme Court or this court sitting en banc

. See United States v. Setser , 607 F.3d 128, 131 (5th Cir. 2010). Moreover, this court has recently reaffirmed the hol ding in Guillen

- Alvarez

. United States v. Shepherd , 848 F.3d 425, 427

- 28 (5th Cir. 2017). It is unnecessary to consider whether Martinez

- Cerda’s prior conviction involve d the use of force. The district court’s judgment is AFFIRMED. Case: 16-11309 Document: 00514162087 Page: 2 Date Filed: 09/19/2017