FLAUM, Chief Judge.
On January 31, 2002, the district court denied as moot Lucini Italia Company's ("Lucini's") motion for preliminary injunction. Because we find that an incorrect legal standard for mootness was employed and that several facts supporting the court's holding appear unsupported by the record, we vacate and remand for immediate discovery and an expedited preliminary injunction hearing.
I. Background1
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