The former CEO of Marsh Supermarkets calls allegations that he misspent funds while at the helm of the family-owned company "false and flagrant."

Don Marsh has filed a counter-claim in U.S. District Court in Indianapolis to refute the portrayal of him as a globetrotting executive making frequent use of the company jet, among other irregularities.

In the March lawsuit, Sun Capital asked Marsh to repay the grocery company an unspecified amount.