42150 Federal Register / Vol. 62, No. 150 / Tuesday, August 5, 1997 / Notices

1 15 U.S.C. 78s(b)(1).

2 17 CFR 240.19b–4.

3On July 23, 1997, PCX submitted an amendment

to the proposed rule change (‘‘Amendment No. 1’’)

that addressed, among other issues, maintenance

standards and the Exchange’s limitation of liability.

See Letter from Michael D. Pierson, Senior

Attorney, Regulatory Policy, PCX to James T.

McHale, Special Counsel, Division of Market

Regulation, SEC, dated July 29, 1997.

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.

Jonathan G. Katz,

Secretary.

[FR Doc. 97–20508 Filed 8–4–97; 8:45 am]

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Notice of Application To Withdraw

From Listing and Registration on the

American Stock Exchange Issuer

Delisting; Notice of Application To

Withdraw From Listing and

Registration; (Patriot American

Hospitality, Inc. and Patriot American

Hospitality Operating Company,

Common Stock, $.01 Par Value) File

No. 1–13898

July 30, 1997.

Patriot American Hospitality, Inc. and

Patriot American Hospitality Operating

Company (‘‘Company’’) have filed an

application with the Securities and

Exchange Commission (‘‘Commission’’),

pursuant to Section 12(d) of the

Securities Exchange Act of 1934 (‘‘Act’’)

and Rule 12d2–2(d) promulgated

thereunder, to withdrawn the above

specified security (‘‘Security’’) from

listing and registration on the America

Stock Exchange, Inc. (‘‘Amex’’ or

‘‘Exchange’’).

The reasons cited in the application

for withdrawing the Security from

listing and registration include the

following:

On July 1, 1997, the Company merged

with and into California Jockey Club

(‘‘Cal Jockey’’). Cal Jockey, the surviving

company, changed its name to Patriot

American Hospitality, Inc. Prior to the

merger, the common stock of Bay

Meadows Operating Company (‘‘Bay

Meadows’’) were paired and traded as a

single unit on the Amex.

As a condition of the Merger, the

Company agreed to list the paired shares

on the New York Stock Exchange

(‘‘NYSE’’). The post-merger paired

shares began trading on the NYSE on

July 2, 1997. In determining to

withdraw the security from listing, the

Company considered the added costs of

being listed on both the Amex and the

NYSE and the added difficulty of

complying with the reporting and other

requirements of the two exchanges.

The Company complied with Rule 18

of the Amex by filing with the Amex a

certified copy of preambles and

resolutions adopted by the respective

Boards of Directors prior to the merger,

which authorized the withdrawal of the

pre-merger paired shares from listing on

the Amex and by setting forth in detail

to the Amex the reasons for such

proposed withdrawal, and the facts in

support thereof. By letter dated July 1,

1997, the Amex informed the Company

that the Exchange does not intend to

object to the Company’s filing of an

application to withdraw its Security

from listing and registration.

Any interested person may, on or

before August 20, 1997, submit by letter

to the Secretary of the Securities and

Exchange Commission, 450 Fifth Street,

NW., Washington, DC 20549, facts

bearing upon whether the application

has been made in accordance with the

rules of the exchange 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.

Jonathan G. Katz,

Secretary.

[FR Doc. 97–20507 Filed 8–4–97; 8:45 am]

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Sunshine Act Meeting

Notice is hereby given, pursuant to

the provisions of the Government in the

Sunshine Act, Pub. L. 94–409, that the

Securities and Exchange Commission

will hold the following meeting during

the week of August 4, 1997.

A closed meeting will be held on

Thursday, August 7, 1997, at 10:00 a.m.

Commissioners, Counsel to the

Commissioners, the Secretary to the

Commission, and recording secretaries

will attend the closed meeting. Certain

staff members who have an interest in

the matters may also be present.

The General Counsel of the

Commission, or his designee, has

certified that, in his opinion, one or

more of the exemptions set forth in 5

U.S.C. 552b(c) (4), (8), (9)(A) and (10)

and 17 CFR 200.402(a) (4), (8), (9)(i) and

(10), permit consideration of the

scheduled matters at the closed meeting.

Commissioner Wallman, as duty

officer, voted to consider the items

listed for the closed meeting in a closed

session.

The subject matter of the closed

meeting scheduled for Thursday,

August 7, 1997, at 10:00 a.m., will be:

Institution and settlement of injunctive

actions.

Institution and settlement of

administrative proceedings of an

enforcement nature.

At times, changes in Commission

priorities require alterations in the

scheduling of meeting items. For further

information and to ascertain what, if

any, matters have been added, deleted

or postponed, please contact: the Office

of the Secretary at (202) 942–7070.

Dated: July 31, 1997.

Jonathan G. Katz,

Secretary.

[FR Doc. 97–20613 Filed 7–31–97; 4:16 pm]

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[Release No. 34–38884; File No. SR–PCX–

97–29]

Self-Regulatory Organizations; Notice

of Filing of Proposed Rule Change and

Amendment No. 1 Thereto by the

Pacific Exchange, Incorporated

Relating to the Listing and Trading of

Options on the Morgan Stanley

Emerging Growth Index

July 29, 1997.

Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on July 8,

1997, the Pacific Exchange, Inc. (‘‘PCX’’

or ‘‘Exchange’’) filed with the Securities

and Exchange Commission

(‘‘Commission’’ or ‘‘SEC’’) the proposed

rule change 3 as described in Items I, II

and III below, which Items have been

prepared by the self-regulatory

organization. The Commission is

publishing this notice to solicit

comments on the proposed rule change

from interested persons.

I. Self-Regulatory Organization’s

Statement of the Terms of Substance of

the Proposed Rule Change

The PCX is proposing to list for

trading index options on the Morgan

Stanley Emerging Growth Index

(‘‘Index’’), a market capitalization-