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 July 2, 1996 June 26, 1996 Date of Report) (Date of earliest event reported) KMS INDUSTRIES, INC. (Exact name of registrant as specified in charter) DELAWARE 0-2917 38-1842108 (State of Incorporation) (Commission (I.R.S. Employer File Number) Identification No.) 101 North Main, Suite 410 Ann Arbor, Michigan 48104 (Address of Principal Executive Offices) Registrant's telephone number, including area code: (313) 769-1100 Not applicable (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS On June 26, 1996, the United States Court of Federal Claims (the "Court") issued its decision that KMS Fusion, Inc., a wholly-owned subsidiary of KMS Industries, Inc. (the "Company") had failed to prove that the United States Department of Energy ("DOE") breached the contract between the parties when, at the end of 1991, DOE refused to extend the subject contract to cover the completion of close-out work at the KMS facility in Ann Arbor, Michigan. Accordingly, the Court entered judgment against the Company and dismissed the Company's complaint. The Company had commenced litigation on this claim on September 9, 1994 seeking $15,400,000 plus interest from February 18, 1992 plus legal fees pursuant to the Equal Access to Justice Act. In August, 1995, DOE obtained a partial summary judgment in its favor with respect to the Company's claims for lost profits pursuant to which the Court reduced the amount of the claim to approximately $6,900,000. The Company reported the Court's decision in a Press Release, dated June 28, 1996, which is included in Item 7(c) and is incorporated herein by reference. The Company will review all of its options, including appeal. ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits: Exhibit No. Description 99 Press Release, dated June 28, 1996. SIGNATURE 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, thereunto duly authorized. KMS INDUSTRIES, INC. By: /S/ Patrick B. Long -------------------------------- Patrick B. Long, Chairman of the Board and Chief Executive Officer Date: July 2, 1996