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
Date of Report (Date of earliest event reported): May 9, 1995
SBARRO, INC.
(Exact name of registrant as specified in its charter)
New York
(State or other jurisdiction of incorporation)
1-8881 11-2501939
(Commission File Number) (IRS Employer Identification No.)
763 Larkfield Road, Commack, New York 11725
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code:(516)864-0200
Not Applicable
(Former name or former address, if changed since last report)
<PAGE>
Item 5. Other Events..
On May 9, 1995, the Company was served with a complaint
in an action entitled Herman Smilow v. Sbarro, Inc., Mario
Sbarro and Robert Koebele filed on May 2, 1995 in the United
States District Court in the Eastern District of New York. The
lawsuit is a purported class action and arises out of a decline
in the market price of the Company's Common Stock following its
May 1, 1995 press release concerning preliminary financial
results for the first quarter of fiscal 1995. The complaint
seeks to recover an undetermined amount of damages on behalf of
all purchasers of the Company's Common Stock between February 7,
1995 and May 1, 1995.
The complaint alleges, among other things, that
publicly disseminated documents and statements about or by the
Company were materially false and misleading and also alleges
that the defendants (i) knew, or were reckless in failing to
know, of the material misrepresentations and omissions; (ii) with
knowledge or reckless disregard for the truth, or failing to
exercise due diligence, disseminated or approved releases,
statements and reports which were misleading or failed to correct
prior statements which had been rendered untrue, inaccurate or
misleading in light of subsequent development; (iii) during the
class period, in concert engaged and participated in a continuous
course of conduct and conspiracy to conceal adverse material
information regarding the financial condition of the Company; and
(iv) employed devices, schemes and artifices to defraud and
engaged in acts, practices and a course of conduct to commit a
fraud and to undermine the integrity of the Company's stock and
maintain artificially high market prices for the Company's stock.
The Company and Messrs. Sbarro and Koebele believe that
the action is without merit and intend to vigorously defend the
lawsuit.
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.
SBARRO, INC.
Date: May 11, 1995 By:/s/ Robert S. Koebele
Robert S. Koebele
Vice President-Finance
-2-<PAGE>
