Court Agrees With RMI On Significant Ruling in Internet Communications Lawsuit; Court Rules in Favor of RMI's Request to have Philip Anschutz's Lawyers Removed from Case.DENVER--(BUSINESS WIRE)--March 1, 1999--Rocky Mountain Internet Inc. (Nasdaq SmallCap Market:RMII RMII Reduced Media-Independent Interface RMII Rocky Mountain Internet Inc. ) (Nasdaq SmallCap Market:RMIIW) (RMI (Remote Method Invocation) A standard from Sun for distributed objects written in Java. RMI is a remote procedure call (RPC), which allows Java objects (software components) stored in the network to be run remotely. ) Monday announced that the Denver District Court has issued a significant ruling in favor of RMI in its litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. with Internet Communications Corp. (INCC INCC Institut National du Cancer du Canada (National Cancer Institute of Canada) INCC Internet Communications Corporation (Colorado & Minnesota) INCC Internet Control Center INCC Internal Network Control Center ). Specifically, the Court granted RMI's motion to disqualify To deprive of eligibility or render unfit; to disable or incapacitate. To be disqualified is to be stripped of legal capacity. A wife would be disqualified as a juror in her husband's trial for murder due to the nature of their relationship. INCC's counsel, the Denver law firm of Holme Roberts & Owen (HRO HRO Housing Referral Office HRO Rostock (Germany, auto license plate) HRO Human Resources Outsourcing HRO Hogeschool Rotterdam (The Netherlands) HRO Human Resources Office HRO Ham Radio Outlet ), from representing INCC in the lawsuit originally brought by INCC against RMI. The Court held that HRO cannot act as INCC's litigation counsel because they served as INCC's transactional counsel and were active participants in the proposed acquisition of INCC by RMI. In light of this ruling, HRO attorneys could be called as material witnesses in the trial, and, more importantly, face a greater likelihood that their own actions will become central in any determination of who is responsible for the failed high yield debt offering by RMI and the failed acquisition of INCC. "In my opinion, the Court justly saw that HRO could not defend its client, INCC, against the substantial claims raised in RMI's $175 million lawsuit without raising serious fairness and conflict of interest concerns, particularly when detailed allegations have been raised that question whether the HRO attorneys are themselves responsible for the failed transaction," stated Christopher J. Melcher, RMI's new Vice President and General Counsel. "I think the Court's decision underscores the fact that INCC and their attorneys need to closely examine their role in RMI's failed debt offering and proposed acquisition of INCC last year before they look elsewhere to lay the blame," Melcher added. As previously announced, RMI terminated a merger agreement to acquire INCC due to, among other things, INCC's failure to satisfy certain obligations in the merger agreement. INCC quickly filed a $30 million lawsuit claiming RMI had improperly terminated the merger agreement. RMI filed an answer completely rejecting all allegations, and $175 million countersuit coun·ter·sue tr.v. coun·ter·sued, coun·ter·su·ing, coun·ter·sues Law To bring proceedings against (a plaintiff) in direct opposition to a suit brought against onself. to INCC's lawsuit citing INCC, HRO and Interwest Group Inc. with failure, among other things, to file its proxy for shareholder approval in a timely manner. Internet Communications Corp. is a Denver-based equipment services company. Interwest Group is owned and controlled by Denver billionaire Anschutz, which also holds controlling interest controlling interest The ownership of a quantity of outstanding corporate stock sufficient to control the actions of the firm. Controlling interest often involves ownership of significantly less than 51% of a firm's outstanding stock because many owners fail in Internet Communications Corp. According to RMI's countersuit, INCC and HRO prevented RMI from successfully completing its $175 million high yield debt offering that was scheduled to close in August, which in part led to the failure of the proposed acquisition of INCC by RMI. In addition, the counterclaim cited INCC's failure to maintain its focus to ensure its operations were managed properly, which caused material adverse changes in its business from the time the agreement was executed to the time the closing was scheduled. For a copy of the official court ruling, contact Margaret Huang, at BSMG, 310/966-5524. About Rocky Mountain Internet Denver-based Rocky Mountain Internet Inc. is a national e-business solutions and convergent communication technologies company with an emphasis on service quality. Rocky Mountain Internet's comprehensive e-business solutions include the following: electronic commerce (www.e-SELL.com), custom portals and banner advertising Banner Advertising A common form of advertising on the internet. The banner is an advertisement of 460x68 pixels, usually placed at the top of the page Notes: For an example, just look at the top of a page on almost any popular web site. applications; Web site, intranet and VPN (Virtual Private Network) A private network that is configured within a public network (a carrier's network or the Internet) in order to take advantage of the economies of scale and management facilities of large networks. design and programming; and Web hosting, marketing and consulting. Rocky Mountain Internet's convergent communication technologies include the following data and voice: high-speed dial-up, wireless, DSL DSL in full Digital Subscriber Line Broadband digital communications connection that operates over standard copper telephone wires. It requires a DSL modem, which splits transmissions into two frequency bands: the lower frequencies for voice (ordinary and dedicated Internet access; switched long-distance, calling card, 800 services, voice mail and alphanumeric paging; and, IP-Telephony. In addition to the company's e-business solutions and convergent communication technologies, Rocky Mountain Internet also maintains the award-winning portal site, Infohiway (www.infohiway.com). For more information about Rocky Mountain Internet, call 800/864-4344, or visit the company's Web site at www.rmi.net. This news release contains forward-looking statements. These forward-looking statements are subject to risks and uncertainties. Actual results may differ materially from such forward-looking statements as a result of risks and uncertainties which are described in the cautionary statements section of the company's 10K dated Dec. 31, 1997, and include the need for additional financing, the ICC ICC See: International Chamber of Commerce litigation, ability to successfully integrate acquisitions, changing technology, competition, possible future government regulation, competition for talented employees, the company's ability to fund future operations and the company's need to refinance debt. |
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