Valley Health System Retirement Plan v. Kirton (In Re Valley Health System)

MEMORANDUM **

Appellants — Valley Health System, Valley Health Retirement Plan, and trustees of the Retirement Plan — appeal a Bankruptcy Appellate Panel (BAP) decision that reversed the bankruptcy court’s dismissal of a mandamus petition filed against Appellants. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 158(d)(1), and we reverse.

Appellees — former Valley Health System employees and retirement plan participants — filed a mandamus petition in state court…