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IN RE INTEGRATED TELECOM EXPRESS, INC.

No. 04-2411.

389 F.3d 423 (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.

November 23, 2004.

Attorney(s) appearing for the Case

Laura D. Jones, David W. Carickhoff, Jr., Pachulski, Stang, Ziehl, Young, Jones & Weintraub, Kevin Gross, Rosenthal, Monhait, Gross & Goddess, Wilmington, DE, Christopher J. Meade, Wilmer Cutler Pickering Hale and Dorr, New York, NY, for Appellees.

Tobias S. Keller, Pachulski, Stang, Ziehl, Young & Jones, P.C., San Francisco, CA, Seth P. Waxman, Craig Goldblatt, Wilmer Cutler Pickering Hale & Dorr, Washington, DC, for Appellant.

Robert K. Rasmussen, Nashville, TN, for Amicus-Appellants.

Present: SCIRICA, Chief Judge, SLOVITER, NYGAARD, ALITO, ROTH, MCKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, CHERTOFF, FISHER, VAN ANTWERPEN, BECKER and GREENBERG, Circuit Judges.

AMBRO, Circuit Judge, Dissenting to the Denial of Rehearing En Banc, joined by Judge Rendell.

SUR PETITION FOR REHEARING

SMITH, Judge.

The petitions for rehearing filed by appellees in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and...

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