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): July 30, 2003 FLEMING COMPANIES, INC. (Exact name of Registrant as specified in its charter) OKLAHOMA 1-8140 48-0222760 (State of incorporation or (Commission file number) (I.R.S. employer organization) identification number) 1945 LAKEPOINTE DRIVE LEWISVILLE, TEXAS 75057 (Address of principal executive offices) (Zip code) Registrant's telephone number, including area code: (972) 906-8000 ITEM 5. OTHER EVENTS AND REQUIRED FD DISCLOSURE. Fleming Companies, Inc. announced on July 30, 2003 that the company received no qualifying bids to compete with the offer submitted by C&S Acquisition LLC (an affiliate of C&S Wholesale Grocery) to acquire the company's wholesale grocery business. As a result, no auction for the wholesale grocery business was held on July 31, 2003. During a hearing scheduled for August 4, 2003 (continued, in part, until August 7, 2003) with the U.S. Bankruptcy Court in Delaware, the company will seek approval of the sale of its wholesale grocery business pursuant to the terms of the asset purchase agreement with C&S Acquisition LLC. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS. Pursuant to the rules and regulations of the Securities and Exchange Commission, the exhibit referenced below and the information set forth therein are deemed to have been furnished pursuant to Item 9 hereof and shall not be deemed to have been "filed" under the Securities Exchange Act of 1934. (c) EXHIBITS EXHIBIT NUMBER DESCRIPTION ------ ----------- 99.1 Press release dated July 30, 2003. ITEM 9. REGULATION FD DISCLOSURE. On July 30, 2003, the company issued a press release announcing the matters referenced in Item 5 hereof. A copy of such press release is furnished as an exhibit to this Current Report. Pursuant to the rules and regulations of the Securities and Exchange Commission, such press release and the information set forth therein are deemed to have been furnished pursuant to this Item 9 and shall not be deemed to have been "filed" under the Securities Exchange Act of 1934. 2 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: August 1, 2003 By: /s/ REBECCA A. ROOF Rebecca A. Roof Interim Chief Financial Officer 3 INDEX TO EXHIBITS EXHIBIT NUMBER DESCRIPTION ------- ----------- 99.1 Press release dated July 30, 2003. 4