[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Notices]
[Page 1876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-692]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[File No. 1-13098]


Issuer Delisting; Notice of Application To Withdraw From Listing 
and Registration on the New York Stock Exchange, Inc. (Case, LLC 
(Formerly Case Corporation), 7\1/4\% Notes (Due 2016))

January 8, 2003.
    Case, LLC (formerly Case Corporation), a limited liability company 
organized under the laws of the State of Delaware (``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 7\1/4\% Notes (due 2016)(``Security''), from listing and 
registration on the New York Stock Exchange, Inc. (``NYSE'' or 
``Exchange'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------

    Fiatallis North America, Inc., the sole Member of the Issuer 
(``Sole Member'') approved a resolution on November 29, 2002 to 
withdraw the Issuer's Security from listing on the NYSE. In making its 
decision to withdraw the Issuer's Security from the Exchange, the Sole 
Member noted the following: (i) The Security is held by a limited 
number of registered holders; (ii) the Security trades infrequently on 
the NYSE and the Issuer does not anticipate that such trading volume 
might increase appreciably; (iii) the costs associated with the 
continued listing of the Security are disproportionately high, given 
the limited trading volume; (iv) the Issuer is not obligated by the 
terms of the indenture under which the Security was issued or by any 
other document to maintain a listing for the Security on the NYSE or 
any other exchange; (v) the Issuer believes that delisting the Security 
will not have a material impact on the holders of the Security and; 
(vi) the Security is not listed on any other exchange. The Issuer has 
been informed that a number of investment banks are market markers in 
the Security.
    The Issuer stated in its application that it has met the 
requirements of the NYSE rules governing an issuer's voluntary 
withdrawal of a security from listing and registration. The Issuer's 
application relates solely to the Security's withdrawal from listing on 
the NYSE 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\
    Any interested person may, on or before January 31, 2003, 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 NYSE 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.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. 03-692 Filed 1-13-03; 8:45 am]
BILLING CODE 8010-01-P