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UNITED STATES
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): April 14, 2003
FLEMING COMPANIES, INC.
(Exact name of Registrant as specified in its charter)
OKLAHOMA 1-8140 48-0222760
(State of incorporation (Commission file number) (I.R.S. employer identification number)
or organization)
1945 LAKEPOINTE DRIVE
LEWISVILLE, TEXAS 75057
(Address of principal executive offices) (Zip code)
Registrant's telephone number, including area code: (972) 906-8000
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Item 5. OTHER INFORMATION.
On March 28, 2003, Fleming Companies, Inc. (the "Company") submitted
Form 12b-25 to the Securities and Exchange Commission (the "SEC") in order to
obtain a 15-day extension of the March 28, 2003 due date for the filing of its
Annual Report on Form 10-K for the fiscal year ended December 28, 2002 (the
"2002 Form 10-K"). Due to the Company's continuing attention to the significant
business issues affecting the Company, including its chapter 11 bankruptcy
filing on April 1, 2003, as well as the continuing internal investigation by the
Company's Audit and Compliance Committee (the "Audit Committee") into certain
Company accounting and disclosure issues and the need for the Company's auditor
to evaluate the results of the internal investigation, the Company will not file
the 2002 Form 10-K on April 14, 2003, which was the extended due date available
to the Company as a result of its Form 12b-25 filing. The Company is presently
unable to determine the date by which it will file its 2002 Form 10-K.
SIGNATURES
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 hereunto duly authorized.
FLEMING COMPANIES, INC.
Date: April 14, 2003 By: /s/ MARK D. SHAPIRO
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Mark D. Shapiro
Senior Vice President and
Chief Financial Officer