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IN RE TRUSTED NET MEDIA HOLDINGS, LLC.

No. 07-13429.

550 F.3d 1035 (2008)

In re: TRUSTED NET MEDIA HOLDINGS, LLC, Debtor. Trusted Net Media Holdings, LLC, Plaintiff-Appellant, v. The Morrison Agency, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 2, 2008.

Attorney(s) appearing for the Case

Ralph Goldberg, Decatur, GA, for Plaintiff-Appellant.

Michael James King, Greenberg Traurig, Atlanta, GA, for Defendant-Appellee.

John S. Koppel, William Kanter, U.S. Dept. of Justice, Civ. App. Div., Washington, DC, for Amicus Curiae.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

HULL, Circuit Judge:

This appeal presents the question of whether the requirements in 11 U.S.C. § 303(b) for commencing an involuntary bankruptcy petition are elements of subject matter jurisdiction. We granted rehearing en banc to reexamine the issue. After review and en banc briefing, we conclude that § 303(b)'s requirements are not subject matter jurisdictional in nature and therefore can be waived.

I. BACKGROUND

A...

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