IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
THOMAS TURBERG,
Plaintiff,
-against- : Civil Action No. /Ew-
INTERMEDIA COMMUNICATIONS
INC., DAVID C. RUBERG, PHILIP
A. CAMPBELL, JOHN C. BAKER,
GEORGE F. KNAPP, JACK E.
REICH, MARK K. SHULL, ROBERT
M. MANNING, RICHARD A.
JALKUT, DIGEX, INC. and
WORLDCOM, INC.
Defendants.
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CLASS ACTION COMPLAINT
L.
Plaintiff, by his attorneys, alleges upon information and
belief, except as to paragraph 1 which plaintiff alleges upon
knowledge, as follows:
1. Plaintiff Thomas Turberg is a shareholder of
defendant Digex, Inc. ("Digex") .
2. Defendant Digex is a Delaware corporation with
principal executive offices located at One Digex Plaza, Beltsville,
Maryland 20705. Digex provides website hosting services to
business and organizations implementing complex, interactive
websites and web-based applications.
3. Defendant Intermedia Communications Inc.
("Intermedia" or the "Companyll) is a Delaware corporation with
principal executive offices located at One lntermedia Way, Tampa,
SNIPPETS:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
__-_-_- - - - - - - - - -CLASS ACTION COMPLAINT
Plaintiff, by his attorneys, alleges upon information and
defendant Digex, Inc..
interactive websites and web-based applications.
("Intermedia" or the "Companyll)
is a Delaware corporation with principal executive offices located at One lntermedia Way,
Intermedia owns approximately 62.0% of Digex's outstanding shares
and controls approximately 94.2% of the voting interest in Digex.
Defendant WorldCorn,
Board of Directors.
The individual defendants, as officers and/or
plaintiff and the other public shareholders of Digex and owe to
Chancery, on behalf of all common shareholders of Digex, or their
members is impracticable.
inconsistent or varying adjudications with respect to individual
Diqex announced that second quarter 2000 sales more
Intermedia's stock and the upswing in the market price of Digex
representing a significant premium for Digex stock,
had each approved a definitive merger agreement whereby WorldCorn
Intermedia, acting through and/or with the support of the individual defendants, has
The only reason for WorldCorn to
defendants have breached and are breaching their fiduciary duties
Plaintiff has no adequate remedy at law.
plaintiff prays for judgment and relief as
In the event the contemplated transaction is
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