Federal Register /Vol. 77, No. 13/Friday, January ... - Nasdaq
penny stocks. There is no reason to draw a different conclusion about these same companies if they were to list instead on the Nasdaq Capital Market under the proposed standard. See Indep. Petroleum Ass’n of Am. v. Babbitt, 92 F.3d 1248, 1258 (DC Cir. 1996) (‘‘An agency must treat similar cases in a ................
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