ALBUQUERQUE, N.M. -- Furr's Supermarkets here said last week it expects a ruling later this month from a district court judge on its request to seek damages in excess of $75 million in its lawsuit against Fleming Cos., Oklahoma City.
of Bernalillo, N.M. In that complaint the retailer charged Fleming with overcharges, breach of contract, misrepresentation, fraud and violation of certain New Mexico trade practice statutes.
Fleming said it is continuing to supply Furr's and believes it has met all obligations to the retailer in good faith.
In a separate but related issue the two companies have submitted to arbitration a request by Furr's to terminate its 10-year supply agreement with Fleming, which expires in March 2001, in favor of buying from another, unspecified wholesaler.
Furr's said the offer it received from the other wholesaler would lower its cost of goods by more than 1%; however, Fleming said it has reviewed the offer and does not consider it to be a qualified competitive bid under the terms of its supply agreement with Furr's.