Nash Finch Files $18M Counterclaim Suit against Roundy's over DCs Deal

MINNEAPOLIS -- The legal fight between Nash Finch Co. here and Roundy's Supermarkets, Inc. is heating up, with lawsuits flying. Nash Finch said yesterday it is seeking in excess of $18 million for damages in a counterclaim lawsuit against Roundy's, which had filed a breach of contract lawsuit against Nash Finch on February 11, 2008, after the two companies failed to resolve a dispute concerning Nash Finch's 2005 acquisition of two distribution centers from Roundy's.

The matter, concerning distribution centers in Lima, Ohio and Westville, Ind., has proceeded to litigation in the United States District Court for the Eastern District of Wisconsin.

Roundy's original suit claimed Nash Finch violated the terms of the asset purchase agreement by not paying approximately $8 million as a purchase price adjustment.

Nash Finch has answered the complaint, denying any additional monies were due to Roundy's; and asserted counterclaims against the latter for, among other things, breach of contract, misrepresentation and breach of the implied covenant of good faith and fair dealing.
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