-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, MZSonX961Zb4zXWySpxKibsz9yh9U7OZkezcrSftRCbN+9bsu6rfVo5gjuHyPzA1 ECxjYzrB2hXbJ8GTbl302g== 0000037914-03-000030.txt : 20030904 0000037914-03-000030.hdr.sgml : 20030904 20030904164051 ACCESSION NUMBER: 0000037914-03-000030 CONFORMED SUBMISSION TYPE: RW PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20030904 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FOODARAMA SUPERMARKETS INC CENTRAL INDEX KEY: 0000037914 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-GROCERY STORES [5411] IRS NUMBER: 210717108 STATE OF INCORPORATION: NJ FISCAL YEAR END: 1102 FILING VALUES: FORM TYPE: RW SEC ACT: SEC FILE NUMBER: 333-108508 FILM NUMBER: 03881859 BUSINESS ADDRESS: STREET 1: 922 HIGHWAY 33 STREET 2: BLDG 6 CITY: FREEHOLD STATE: NJ ZIP: 07728 BUSINESS PHONE: 7324624700 MAIL ADDRESS: STREET 1: 922 HIGHWAY 33 STREET 2: BLDG 6 CITY: FREEHOLD STATE: NJ ZIP: 07728 RW 1 prws82003.txt FORM RW FOODARAMA SUPERMARKETS, INC. Building 6, Suite 1 922 Highway 33 Freehold, New Jersey 07728 September 4, 2003 VIA EDGAR AND OVERNIGHT DELIVERY Securities and Exchange Commission Division of Corporate Finance 450 Fifth Street, N.W. Judiciary Plaza Washington, D.C. 20549 Attn: Filing Desk Re: Foodarama Supermarkets, Inc. Application for Withdrawal on Form RW pursuant to Rule 477 of the Securities Act of 1933, as amended, of Post-Effective Amendment No. 1 to Registration Statement on Form S-8 ------------------------------------------------------(File No. 333-96551) Ladies and Gentlemen: On July 16, 2002, Foodarama Supermarkets, Inc. a New Jersey corporation (the "Company"), filed Post-Effective Amendment No. 1 to Registration Statement on Form S-8 (File No. 333-96551) (together with exhibits, the "Post-Effective Amendment") with the Securities and Exchange Commission (the "Commission"). The Post-Effective Amendment, filed for the purpose of amending Registration Statement on Form S-8 (File No. 33-65328), relates to 65,000 additional shares of the Company's Common Stock, $1.00 par value per share ("Additional Shares"), which were made available for issuance under the Foodarama Supermarkets, Inc. 2001 Stock Incentive Plan (the "Plan"). Pursuant to Rule 477 under the Securities Act of 1933, as amended, the Company hereby applies for the withdrawal of the Post-Effective Amendment and requests that the Commission consent thereto, consistent with the public interest and protection of investors, as contemplated by paragraph (a) of said Rule 477. This application is made because, upon inquiry, the Commission has advised that the Company may register the Additional Shares only by filing a new registration statement, and not by post-effective amendment. No options have been granted under the Plan with regard to the Additional Shares. A new registration statement is being filed contemporaneously herewith for the purpose of registering the Additional Shares. If you have any questions regarding this application, please contact John A Aiello, of the law firm of Giordano, Halleran & Ciesla, P.C., at (732) 741-3900. Sincerely, FOODARAMA SUPERMARKETS, INC. By: /s/ Michael Shapiro ----------------------- Michael Shapiro Senior Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----