Don Marsh (Photo: Fox59)

The Marsh Supermarkets say "the facts matter" and they "border on the astonishing."

Listen:

 

In a 62-page brief filed in U.S. District Court in Indianapolis, the chain owned by Sun Capital of Florida offers the most extensive detail yet in support of its claim that former CEO Don Marsh diverted millions of dollars in company funds to personal use. 

 

It's a response to Marsh's motion for dismissal of the company's lawsuit seeking recovery of those funds. 

 

The plaintiffs acknowledge the embarassing nature of the disclosures--while accusing Marsh of spending on extramarital affairs with several women including the company's Director of Community Affairs.

The document indicates the Board of Directors found out about that one and the director left the company in a "resolution" that was "negotiated" by the company's counsel.