[Federal Register Volume 70, Number 117 (Monday, June 20, 2005)]
[Notices]
[Pages 35464-35465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3152]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-05901]


Issuer Delisting; Notice of Application of Fab Industries, Inc. 
To Withdraw Its Common Stock, $.20 Par Value, From Listing and 
Registration on the American Stock Exchange LLC

June 13, 2005.
    On May 31, 2005, Fab Industries, Inc., a Delaware corporation 
(``Issuer''), 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, $.20 par value 
(``Security''), from listing and registration on the American Stock 
Exchange LLC (``Amex'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On May 23, 2005, the Board of Directors (``Board'') of the Issuer 
approved a resolution to withdraw the Security from listing and 
registration on Amex. On March 1, 2002, the Board adopted resolutions 
authorizing, subject to stockholder approval, the sale of the Issuer's 
business pursuant to a Plan of Liquidation and Dissolution (``Plan''). 
The Issuer's stockholders approved the Plan at the Issuer's annual 
meeting on May 30, 2002. Pursuant to the Plan, the Issuer was required 
to transfer its assets and liabilities to a liquidating trust on May 
30, 2005. The liquidating trust will succeed to all of the Issuer's 
remaining assets and liabilities. Upon the transfer to the liquidating 
trust, the Plan required that the Issuer file a certificate of 
dissolution with the State of Delaware. The Issuer stated that the last 
day of trading in the Security on the Amex was May 27, 2005.
    The Issuer stated in its application that it has met the 
requirements of Amex Rule 18 by complying with all applicable laws in 
effect in the state of Delaware, in which it is incorporated, and 
provided written notice of withdrawal to Amex.
    The Issuer's application relates solely to withdrawal of the 
Security from listing on the Amex 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 July 6, 2005, comment on 
the facts bearing upon whether the application has been made in 
accordance with the rules of Amex, and what terms, if any, should be 
imposed by the Commission for the protection of investors. All comment 
letters may be submitted by either of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/delist.shtml); or
     Send an e-mail to [email protected]. Please include 
the File Number 1-05901 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, Station Place, 100 F 
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number 1-05901. This file 
number should be included on the subject line if e-mail is used. To 
help us process and review your comments more efficiently, please use 
only one method. The Commission will post all comments on the 
Commission's Internet Web site (http://www.sec.gov/rules/delist.shtml). 
Comments are also available for public inspection and copying in the 
Commission's Public Reference Room. All comments received will be 
posted without change; we do not edit personal identifying information 
from submissions. You should submit only information that you wish to 
make available publicly.
    The Commission, based on the information submitted to it, will 
issue

[[Page 35465]]

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. E5-3152 Filed 6-17-05; 8:45 am]
BILLING CODE 8010-01-P