At oral argument, counsel for Appellants and Appellees conceded that the only issue properly before this court is the question of damages-a question not overtly considered by the district court’s June 12, 2002 order. We agree. Accordingly, we deny the Appellees’ Motion to Dismiss and we REMAND this case for consideration of damages in light of the district court’s prior order in favor of Appellants and such other factors as the district court deems relevant.