Marsh vs. Marsh Suit Awaits Trial

INDIANAPOLIS A suit and countersuit over the separation of Marsh Supermarkets from its founding family is nearly set for trial. In the case, Marsh Supermarkets, owned by Sun Capital Partners, is seeking to recover millions of dollars from its former chief executive officer, Don Marsh, alleging that he routinely misused company funds for personal travel, vacation homes, personal relationships and other

INDIANAPOLIS — A suit and countersuit over the separation of Marsh Supermarkets [4] from its founding family is nearly set for trial.

In the case, Marsh Supermarkets, owned by Sun Capital Partners, is seeking to recover millions of dollars from its former chief executive officer, Don Marsh, alleging that he routinely misused company funds for personal travel, vacation homes, personal relationships and other perks that provided no benefit for the company, and sought to conceal the spending. The company also wants to be released from obligations under a salary continuation plan. Sun terminated Don Marsh's employment shortly after it acquired the company in 2006.

Don Marsh in response denies most of the company's allegations, and has countersued to recover more than $1.6 million in payments he said is still owed to him under terms of his separation agreement with Marsh.

The case was set to go to trial in U.S. District Court here earlier this month but was postponed while the judge rules on the various summary judgment motions.