DIGEX INC/DE
8-K, 2000-12-15
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<PAGE>   1
                       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): December 13, 2000

-------------------------------------------------------------------------------

                               DIGEX, INCORPORATED
             (Exact name of registrant as specified in its charter)

-------------------------------------------------------------------------------


               Delaware                                     59-3582217
               --------                               ----------------------
  (State or other jurisdiction of                        (I.R.S. Employer
   incorporation or organization)                     Identification Number)

                                    000-26873
                                     -------
                            (Commission File Number)


                                 One Digex Plaza
                              Beltsville, MD 20705
                    (Address of principal executive offices)

                                 (240) 264-2000
                               (Telephone Number)
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ITEM 5.  Other Events

         On October 19, 2000, an action purporting to raise class action and
derivative claims, In Re: Digex, Inc. Shareholders Litigation, Civil Action No.
18336, was filed in the Court of Chancery of the State of Delaware in and for
New Castle County (the "Court") against Intermedia Communications Inc.
("Intermedia"), Digex, Incorporated ("Digex"), a publicly traded subsidiary of
Intermedia, certain interested directors of Digex, and WorldCom, Inc. On
December 13, 2000, the Court issued a decision in the action, attached hereto as
Exhibit 99.1.

ITEM 7.  Financial Statements and Exhibits

Exhibit 99.1        Opinion of the Court of Chancery of the State of Delaware in
                    and for New Castle County in In Re: Digex, Inc. Shareholders
                    Litigation, 18336-NC (Dec. 13, 2000).
<PAGE>   3
                                   SIGNATURES

         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.

Dated:  December 15, 2000


                                            DIGEX, INCORPORATED
                                                (Registrant)


                                            /s/ T. SCOTT ZIMMERMAN
                                            ----------------------------
                                            Name:  T. Scott Zimmerman
                                              Title: Vice President &
                                                      Controller
<PAGE>   4
                                                      EXHIBIT INDEX

Exhibit

No.                          Description                                 Page

Exhibit 99.1                Opinion of the Court of Chancery of the
                            State of Delaware in and for New Castle
                            County in In Re: Digex, Inc.
                            Shareholders Litigation, 18336-NC
                            (Dec. 13, 2000).







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