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IN RE INTEGRATED TELECOM EXPRESS, INC.

No. 04-2411.

384 F.3d 108 (2004)

In re: INTEGRATED TELECOM EXPRESS, INC. a/k/a Integrated Technology Express, Inc. a/k/a Delaware Integrated Telecom Express, Inc., Debtor NMSBPCSLDHB, L.P., Appellant v. Integrated Telecom Express, Inc.; and The Official Committee of Equity Holders, et al.

United States Court of Appeals, Third Circuit.

Filed September 20, 2004.

Attorney(s) appearing for the Case

Seth P. Waxman (Argued), Craig Goldblatt, Wilmer Cutler Pickering, Hale & Dorr LLP, Washington, DC, Christopher J. Meade, Wilmer Cutler Pickering, Hale & Dorr LLP, New York, NY, for Appellant.

Laura D. Jones, David W. Carickhoff, Jr., Pachulski, Stang, Ziehl, Young, Jones & Weintraub P.C., Wilmington, DE, Tobias S. Keller (Argued), Pachulski, Stang, Ziehl, Young, Jones & Weintraub P.C., San Francisco, CA, for Appellee Integrated Telecom Express, Inc.

Kevin Gross, Rosenthal, Monhait, Gross & Goddess, Wilmington, DE, Ali M. Mojdehi (Argued), Baker & McKenzie, San Diego, CA, for Appellee Official Committee of Equity Security Holders.

Robert K. Rasmussen, Vanderbilt Law School, Nashville, TN, G. Marcus Cole, Stanford Law School, Stanford, CA, David A. Skeel, Jr., University of Pennsylvania Law School, Philadelphia, PA, Amicus Curiae in Support of Appellant.

Before SMITH, BECKER, and GREENBERG, Circuit Judges.

OPINION

SMITH, Circuit Judge.

This appeal tests the limits of the good faith requirement applicable to petitions filed under Chapter 11 of the Bankruptcy Code. Appellant NMSBPCSLDHB, L.P. (the "Landlord") appeals from an order of the District Court affirming the Bankruptcy Court's denial of its motion to dismiss for lack of good faith. The Landlord contends that the Debtor, Integrated Telecom Express, Inc. ("Integrated...

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