I. Whether a federal court can rule on the merits of a complaint or counterclaim without first ruling on standing.

II. Whether the court can decide to rule on allegations mentioned in the background section of the complaint, against other companies not parties here, and ignore the complaint before it in COUNT II, ¶37 for example, against defendant Interfood-DE.

III. Whether the court can rule at a 12(b)(6) motion to dismiss level, that defendant is not obligated under the agreement allegedly breached, without having the issue briefed, and if so, must the court then dismiss the case without prejudice for lack of standing, rather than with prejudice for failure to state a claim.

IV. Whether a party to a contract under Missouri law has standing to sue for a breach that primarily injures a third-party beneficiary, or must the filing party claim additional specific personal harm?

Whether a federal court can rule on the merits of a complaint or counterclaim without first ruling on standing