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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities and Exchange Act of 1934
Date of Report (Date of earliest event reported): February 2, 1998
North American Scientific, Inc.
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(Exact name of registrant as specified in its charter)
Delaware 0-26670 51-0366422
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(State or other jurisdiction (Commission (I.R.S. Employer
of incorporation) File number) Identification No.)
7435 Greenbush Avenue, North Hollywood, CA 91605
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (818) 503-9201
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Former name or former address, if changed since last report
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Item 5. OTHER EVENTS
As previously disclosed, in June 1996, an action was commenced in the
United States District Court for the Eastern District of Virginia entitled
BEST INDUSTRIES, INC. V. CIS BIO INTERNATIONAL, INC. ET AL., Civil Action
96-737-A. See the Registrant's Annual Report on Form 10-KSB for the fiscal
year ended October 31, 1997. The plaintiff filed a motion to voluntarily
dismiss the case, without prejudice, which motion was granted on December 13,
1996, subject to payment of certain costs and attorneys' fees to the Company.
Upon non-payment of the assessed costs and expenses by the plaintiff, the
case was dismissed with prejudice by order dated January 27, 1997. The
plaintiff filed notices of appeal of the court's dismissal, the first of
which was filed on January 29, 1997, and the Company filed a notice of appeal
on March 7, 1997. In its appeal, the plaintiff requested various forms of
relief, including the reinstatement of the plaintiff's case. Oral argument
for the appeal was held on December 3, 1997. On February 2, 1998, the U.S.
Court of Appeals for the Fourth Circuit issued its decision vacating the
district court's dismissal with prejudice and remanding the case for a
redetermination of the fees and costs to be assessed in connection with the
lower court's dismissal without prejudice. The Court of Appeals did not
address the merits of the plaintiff's claims. The Company continues to
believe the allegations contained in the original complaint were without
merit and, if the case is reinstated by the lower court or refiled by the
plaintiff, the Company intends to vigorously defend such action.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this Report to be signed on its behalf by the
undersigned thereunto duly authorized.
Dated: February 9, 1998 NORTH AMERICAN SCIENTIFIC, INC.
(Registrant)
By: /s/ L. Michael Cutrer
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Name: L. Michael Cutrer
Title: President Chief Executive Officer
(Principal Executive, Financial and
Accounting Officer)
