SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
June 23, 1997
Date of Report
(Date of earliest event reported)
FLEMING COMPANIES, INC.
(Exact name of registrant as specified in its charter)
Oklahoma 1-8140 48-0222760
(State or other juris- (Commission (IRS Employer
diction of incorporation) File Number) Identification)
6301 Waterford Boulevard, Box 26647
Oklahoma City, Oklahoma 73126
(Address of Principal Executive Offices)
(405) 840-7200
Registrant's telephone number,
including area code
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Item 5. Other Events.
On February 28, 1997, Furr's Supermarkets of Albuquerque, New
Mexico ("Furr's"), filed suit against Fleming. Furr's was the company's
largest customer in 1996 and Fleming owns a 35% equity interest in the
grocery chain. The lawsuit claims that Fleming intentionally overcharged
Furr's for products and alleges various causes of action. Prior to
filing the lawsuit, Furr's was seeking to exercise the competitiveness
clause of its 10-year supply contract with Fleming, which expires in
2001. Fleming has reviewed and rejected Furr's purported competitive
bid as not qualifying under the supply contract. Disputes involving
the competitiveness clause are currently subject to arbitration. See
the company's quarterly report on Form 10-Q for the 16-week period ended
April 19, 1997.
On June 23, 1997, Furr's took steps to seek court approval to
amend its complaint against Fleming. The amended complaint will contain
allegations of federal RICO violations and other claims seeking damages in
excess of $75 million.
Fleming believes it has substantially complied with its
obligations to Furr's in good faith, and Fleming continues to serve Furr's
stores. Although Fleming believes Furr's allegations are without merit and
will vigorously defend its interests, an unfavorable outcome in the
litigation, or the loss of Furr's business for any reason, could have a
material adverse effect on Fleming.
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SIGNATURES
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.
FLEMING COMPANIES, INC.
KEVIN J. TWOMEY
By: Kevin J. Twomey
Vice President - Controller
Date: June 24, 1997
