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FLEMING CO.'S request to dismiss a complaint filed against it by Red Apple Cos., New York, has been turned down by the Supreme Court of the State of New York. In the complaint Red Apple contends it was intentionally overcharged by Malone & Hyde, a Fleming subsidiary that supplied a group of stores Red Apple used to operate in Florida. The court said the underlying evidence is still viable and rejected

FLEMING CO.'S request to dismiss a complaint filed against it by Red Apple Cos., New York, has been turned down by the Supreme Court of the State of New York. In the complaint Red Apple contends it was intentionally overcharged by Malone & Hyde, a Fleming subsidiary that supplied a group of stores Red Apple used to operate in Florida. The court said the underlying evidence is still viable and rejected Fleming's argument that the evidence on which the complaint is based is invalid solely because the verdict in a similar suit in Texas was vacated and a new trial was ordered there. Fleming, which is based in Oklahoma City, said Red Apple's suit is "completely without merit, and we intend to vigorously defend the case."

at 54 Acme stores in the Philadelphia area. Prior to accepting the contract extension, the union had voted 1,207 to 37 to authorize a strike.

AHOLD, Zaandam, Netherlands, and oil giant Royal Dutch/Shell NV will cooperate to open Ahold's Albert Heijn food shops under franchise in most of Shell's service stations in the Netherlands.