A judge will have to make the final decision in a severance lawsuit involving former grocery store CEO Don Marsh.
Court-requested settlement talks ended without a solution Monday.
The supermarket chain is fighting with marsh over $4 million in severance payments.
The payments stem from Marsh’s employment contract after he was terminated in 2006.
The company wants marsh to repay $2 million dollars in severance. Don Marsh says he is still owed two-million dollars.
A judge is expected to rule in the next several weeks.