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) March 31, 1994
SUPER FOOD SERVICES, INC.
(Exact name of registrant as specified in its charter)
Delaware 2-14466 36-2407235
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
Kettering Box 2323, Dayton, Ohio 45429
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (513) 439-7500
______________________________________________________________________________
(Former name or former address, if changed, since last report)
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Item 5. Other Materially Important Events.
On April 1, 1994, the Registrant announced that on March 31, 1994,
the Circuit Court for the Ninth Judicial Circuit of Florida granted Albertson's
motion for summary judgment on the Company's second amended complaint alleging
that Albertson's breached a settlement agreement for the purchase of the assets
of the Company's Florida Division. On March 25, 1994, the Company and
Albertsons also entered into a joint stipulation on the Company's second amended
complaint relating to the breach by Albertson's of a requirements contract with
the Company. The Registrant intends to appeal the grant of the summary judgment
motion and the agreed final judgment relating to the breach of the requirements
contract. A copy of the news release is attached hereto as Exhibit 99.
Item 7. Financial Statements and Exhibits.
(a) Financial Statements - not applicable.
(b) Exhibits -
99. Press Release issued April 1, 1994.
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 hereto duly authorized.
SUPER FOOD SERVICES, INC.
(Registrant)
By /s/ John Demos
Vice Chairman
Dated: April 1, 1994
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Exhibit 99
NEWS RELEASE
SUPER FOOD SERVICES, INC.
SUBJECT: Lawsuit Against Albertson's Inc.
FOR: Immediate Release
For additional information contact: Jack Twyman/John Demos
DAYTON, OHIO---SUPER FOOD SERVICES, INC., (NYSE:SFS) Jack
Twyman, Chairman of the Board and Chief Executive Officer of Super
Food Services, Inc., announced today that in a previously reported
action in the Circuit Court for the Ninth Judicial Circuit of
Florida, the Court on March 31, 1994 granted Albertson's motion for
summary judgment on Count 4 of the Company's Second Amended Com-
plaint relating to the breach by Albertson's, Inc., of a settlement
agreement for the purchase by Albertson's, Inc., of the assets of
the Company's Florida Division. On March 25, 1994, the Company and
Albertson's entered into a joint stipulation to the entry of a
final judgment as to Counts 1, 2 and 3 of the Company's Second
Amended Complaint relating to the breach by Albertson's of a
requirements contract with the Company. The Company agreed to
enter into a joint stipulation on Counts 1, 2 and 3 of the Second
Amended Complaint after the Court denied Albertson's summary
judgment motion on these counts but ruled that if a requirements
contract existed between the parties, the contract was terminable
by either party upon reasonable notice and that the issue to be
tried would be limited to whether Albertson's notice of termination
was reasonable, which the Company did not allege as an issue in the
lawsuit.
Mr. Twyman commented that the Company's management was aston-
ished with the findings of the Court and that the Company intends
to appeal from the agreed final judgment on Counts 1, 2 and 3 on
the ground that the requirements contract between the parties was
not terminable upon reasonable notice but terminable only for
cause. Mr. Twyman further commented that the Company also intends
to appeal Count 4. It is the opinion of special counsel for the
Company handling this case that the findings of the Court are
clearly erroneous as a matter of law and should be reversed on
appeal and that the issues in the lawsuit will ultimately be
resolved in the Company's favor.
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