SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported):
November 14, 2002
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SMITHWAY MOTOR XPRESS CORP.
(Exact name of registrant as specified in its charter)
Nevada 000-20793 42-1433844
(State or other (Commission file number) (I.R.S. Employer
jurisdiction of Identification No.)
incorporation)
2031 Quail Avenue
Fort Dodge, Iowa 50501
(Address, including zip code, of registrant's
principal executive office)
(515) 576-7418
(Registrant's telephone number,
including area code)
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
(c) Exhibits.
EXHIBIT
NUMBER EXHIBIT TITLE
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99.1 Certification pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 by the Chief Executive Officer.
99.2 Certification pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 by the Chief Financial Officer.
ITEM 9. REGULATION FD DISCLOSURE.
On November 14, 2002, Smithway Motor Xpress Corp., a Nevada corporation
(the "Company"), filed its Quarterly Report on Form 10-Q for the quarter ended
September 30, 2002, with the Securities and Exchange Commission. Accompanying
the Quarterly Report submission as correspondence were the certifications of the
Company's Chief Executive Officer, William G. Smith, and Chief Financial
Officer, G. Larry Owens, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, codified at 18 U.S.C. Section 1350.
The certifications attached as exhibits hereto are being furnished solely
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and are not being
filed as part of the Company's Quarterly Report on Form 10-Q for the quarter
ended September 30, 2002, or as a separate disclosure document. The information
included in this Current Report on Form 8-K (including the exhibits hereto) is
furnished pursuant to Item 9 and shall not be deemed to be "filed" for the
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or
otherwise subject to the liabilities of that Section or Sections 11 and 12(a)(2)
of the Securities Act of 1933, as amended. The furnishing of the information in
this Current Report is not intended to, and does not, constitute a
representation that such furnishing is required by Regulation FD or that the
information this Current Report contains is material to investor information
that is not otherwise publicly available.
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 hereunto duly authorized.
SMITHWAY MOTOR XPRESS CORP.
Date: November 14, 2002 /s/ G. Larry Owens
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G. Larry Owens
Executive Vice President, Chief Administrative
Officer, and Chief Financial Officer
EXHIBIT INDEX
99.1 Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 by the Chief Executive
Officer.
99.2 Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 by the Chief Financial
Officer.