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LITIGATION CHARGE REDUCES FLEMING QUARTERLY EARNINGS

OKLAHOMA CITY -- Due to a one-time litigation charge and other expenses, net earnings at Fleming Cos. here fell for the third quarter and 40 weeks ended Oct. 5.a $20 million one-time charge related to the settlement in the Premium Sales diversion case -- offset in part by a change in the disposition value for divested stores and other items -- net earnings would have been $7.1 million (19 cents a

OKLAHOMA CITY -- Due to a one-time litigation charge and other expenses, net earnings at Fleming Cos. here fell for the third quarter and 40 weeks ended Oct. 5.

a $20 million one-time charge related to the settlement in the Premium Sales diversion case -- offset in part by a change in the disposition value for divested stores and other items -- net earnings would have been $7.1 million (19 cents a share) for the quarter, according to Fleming.

For the 40 weeks, net income slipped 57% to $16.4 million (43 cents a share) from $38 million ($1.01 a share). Excluding one-time charges, year-to-date earnings would have been $28.1 million (74 cents a share).

Overall sales in the quarter fell 5% to $3.7 billion from $3.9 billion a year ago, reflecting an 11% gain by Fleming's retail operations and an 8% drop in its food distribution arm. For the year to date, total sales were down 6% to $12.6 billion from $13.35 billion, with a 14% jump in retail volume and a 10% decrease in distribution sales.

"To further improve performance, we are vigorously pursuing sales and margin improvement initiatives moving into the fourth quarter," noted Robert Stauth, chairman and chief executive officer.

3RD-QUARTER RESULTS

Qtr Ended 10/5/96 10/7/95

Sales $3.7 billion $3.9 billion

Change - 5%

Net Income $1 million $3.7 million

Change - 73%

Inc/Share 3 cents 10 cents

40 weeks 1996 1995

Sales $12.6 billion $13.35 billion

Change - 6%

Net Income $16.4 million $38 million

Change - 57%

Inc/Share 43 cents $1.01