[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Notices]
[Page 2908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-155]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of Corautus Genetics Inc. 
to Withdraw Its Common Stock, $.001 Par Value, From Listing and 
Registration on the American Stock Exchange LLC File No. 1-15833

January 10, 2005.
    On December 17, 2004, Corautus Genetics 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, $.001 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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    The Issuer stated that it determined that it is in the best 
interest of the Issuer to withdraw the Security from listing on the 
Amex and to list on The Nasdaq National Market (``Nasdaq''). The Issuer 
stated that it believes that changing its listing to the Nasdaq at this 
time will better serve its shareholders by enhancing the visibility of 
the Issuer and increase the liquidity in its Security as a result of 
the multiple market marker structure. Trading in the Security on the 
Nasdaq began on October 13, 2004.
    The Issuer states that it has met the requirements of the Amex's 
rules governing an issuer's voluntary withdrawal of a security from 
listing and registration by complying with all the applicable laws in 
effect in Delaware, in which it is incorporated.
    The Issuer's application relates solely to the 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 February 4, 2005, comment 
on the facts bearing upon whether the application has been made in 
accordance with the rules of the 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

     Send an e-mail to [email protected]. Please include 
the File Number 1-15833 or;

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.
    All submissions should refer to File Number 1-15833. 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, 450 Fifth Street, NW., Washington, 
DC 20549. 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 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. E5-155 Filed 1-14-05; 8:45 am]
BILLING CODE 8010-01-P