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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): October 4, 1999
MAXXIM MEDICAL, INC.
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(Exact name of registrant as specified in its charter)
Texas 0-18208 76-0291634
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(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
10300 49th Street North
Clearwater, Florida 33762
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: 727-561-2100
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ITEM 5. OTHER EVENTS.
LEGAL PROCEEDINGS
On October 4, 1999, the Registrant was served with a complaint filed
in state court in Henderson County, Texas, naming the Registrant and its
directors as defendants. The complaint is brought on behalf of a purported
class of public shareholders of the Registrant and alleges, among other things,
that the consideration being offered to the public shareholders of the
Registrant in connection with the proposed merger between the Registrant and
Fox Paine Medic Acquisition Corporation (the "Merger") is unfair and inadequate
and that the directors of the Registrant breached their fiduciary duties by
failing to obtain the best price for the Registrant. As relief, the complaint
seeks, among other things, an injunction against completion of the Merger, and
damages in an unspecified amount. This case is titled Krim v. Maxxim Medical,
Inc., et. al., No. 99-143 (3rd Judl. Dist., Henderson Cty., Tex). The
defendants in this action believe the allegations of the complaint are without
merit and intend to vigorously defend the lawsuit.
With regard to the previously disclosed action titled Steiner v.
Maxxim Medical, Inc., et. al., No. 1999-30682 (281st Judl. Dist., Harris Cty.,
Tex), a court order was entered on August 16, 1999 granting the plaintiff's
request that the action be dismissed without prejudice.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934,
as amended, the Registrant has duly caused this Report to be signed on its
behalf by the undersigned thereunto duly authorized.
MAXXIM MEDICAL, INC.
By: /s/ Alan S. Blazei
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Alan S. Blazei
Executive Vice President,
Treasurer and Controller
(Principal Accounting Officer)
Dated: October 7, 1999