[Federal Register: October 22, 2002 (Volume 67, Number 204)]
[Notices]               
[Page 64933]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc02-124]                         

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SECURITIES AND EXCHANGE COMMISSION

 
Issuer Delisting; Notice of Application To Withdraw From Listing 
and Registration (Hemagen Diagnostics, Inc. Common Stock, $.01 par 
value) From the Boston Stock Exchange, Inc. File No. 1-11700

October 16, 2002.
    Hemagen Diagnostics, Inc., a Delaware corporation (``Issuer''), has 
filed an application with the Securities and Exchange Commission 
(``Commission''), pursuant to section 12(d) of the Securities Exchange 
Act of 1934 (``Act'') \1\ and Rule 12d2-2(d) thereunder,\2\ to withdraw 
its Common Stock, $.01 par value (``Security''), from listing and 
registration on the Boston Stock Exchange, Inc. (``BSE'' or 
``Exchange'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    The Issuer stated in its application that it has complied with the 
Rules of the BSE that govern the removal of securities from listing and 
registration and all applicable laws in effect in the State of 
Delaware, in which it is incorporated.
    On September 6, 2002, the Board of Directors (``Board'') of the 
Issuer approved a resolution to withdraw the Company's Security from 
listing on the Exchange. In making the decision to withdraw the 
Security from listing and registration on the BSE, the Issuer's Board 
considered the relative liquidity provided by the BSE versus other 
securities exchanges and the cost associated with maintaining multiple 
listings. The Issuer stated in its application that the Security is 
currently traded on the Nasdaq SmallCap Market. The Issuer represented 
that it will maintain its listing on the Nasdaq SmallCap Market.
    The Issuer's application relates solely to the Security's 
withdrawal from listing on the BSE and from registration under section 
12(b) of the Act \3\ and shall not affect its obligation to be 
registered under section 12(g) of the Act.\4\
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    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
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    Any interested person may, on or before November 6, 2002, submit by 
letter to the Secretary of the Securities and Exchange Commission, 450 
Fifth Street, NW., Washington, DC 20549-0609, facts bearing upon 
whether the application has been made in accordance with the rules of 
the BSE and what terms, if any, should be imposed by the Commission for 
the protection of investors. The Commission, based on the information 
submitted to it, will issue an order granting the application after the 
date mentioned above, unless the Commission determines to order a 
hearing on the matter.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
[FR Doc. 02-26826 Filed 10-21-02; 8:45 am]
BILLING CODE 8010-01-P