<PAGE> 1
CHARLES BARKLEY
Attorney at Law
3001 Planters Walk Court
Charlotte, NC 28210
(704) 543-8806
(704) 543-8863 (Fax)
[email protected]
January 14, 1997
Mr. Mark Shuman
Mr. Russell F. Leone
Securities & Exchange Commission
Washington D.C. 20549
Re: Texas Equipment Corporation
SEC File Number: 0-21813
Gentlemen:
My client has requested me to apply for withdrawal of the pending Form 10
pursuant to Rule 477(a) of Regulation C. The reasons described to me for this
request are as follows:
a. The Filing is a voluntary filing associated with a concomitant
filing for approval for listing on the NASDAQ exchange;
b. Since the filing, the average bid price for the shares of common
stock has fallen below the minimum levels required for listing on NASDAQ;
c. The appropriate responses to the Staff's comment letter, including
the auditing comments, cannot reasonably be expected to be addressed during
the time remaining before automatic effectiveness.
Management believes that it would be in the best interests of the Company
and the investing public to withdraw the present Form 10 and refile at a later
time when these matters have been resolved.
We have grown accustomed to the courtesies and helpfulness of the Staff
and this filing was certainly no exception.
Very truly yours,
/s/ Charles Barkley
Charles Barkley
Approved by:
/s/ Paul Condit
--------------------------------------
President
/s/ Paul Condit
--------------------------------------
Chairman
A Majority of the Board of Directors:
/s/ Paul Condit
- -------------------------------------
Paul Condit
/s/ John Condit
- -------------------------------------
John Condit