CONCLUSIONS OF LAW The findings and conclusions set forth herein constitute the Court’s findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure. To the extent that the court made rulings relevant to the motion on the record during the Preliminary Injunction Hearing, such rulings are incorporated by reference. The court notes that the findings of fact and conclusions of law made by a court in deciding a preliminary injunction motion are not binding at the trial on the merits. University of Texas v. Camenisch, 451 U.S. 390, 395, 101 S.Ct. 1830, 68 L.Ed.2d 175 (1981); City of Chanute v. Williams Natural Gas Co., 955 F.2d 641, 649 (10th Cir.1992), overruled on other grounds by Systemcare, Inc. v. Wang Labs. Corp., 117 F.3d 1137 (10th Cir.1997) (<HOLDING>). I. FINDINGS OF FACT A. Factual and Procedural
recognizing the inappropriateness of a preliminary injunction where credibility determinations must be made but granting a preliminary injunction because the legal and factual issues have been sufficiently illuminated holding that plaintiffs were not entitled to a preliminary injunction holding that a hearing must be held to determine credibility in preliminary injunction cases holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified recognizing that the district court is not bound by its prior factual findings determined in a preliminary injunction hearing