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 ...

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