Whether the Surface Transportation Board had jurisdiction to render a decision in the underlying proceeding

QUESTIONS PRESENTED A. Was it clear error for the Third Circuit to fail to address the . issue of whether the Surface Transportation Board (“STB”) had the jurisdiction to render a decision in the underlying ; proceeding? (Even if the court determines that Petitioner does not have standing.) B. Were the allegations in Petitioner’s Affidavit sufficient to defeat Respondents’ Motion to Dismiss’ for lack of ; standing? : : : -i. . : 2. PARTIES The parties before the Third Circuit in Case No. 16-4362 . (D&H Railroad / STB AB 156 (Sub. No. 27X) are: Petitioners CNJ Rail Corporation and Eric Strohmeyer. Respondents Surface Transportation Board and the United States of America. Intervenors Norfolk Southern Railway Company and James Riffin 3. PETITIONERS’ DISCLOSURE OF AFFILIATIONS AND FINANCIAL INTEREST Your Petitioners are not publicly held entities, nor do they , have a parent corporation. They have a 100 % ownership interest. No other publicly held corporation or other publicly held entity has a direct financial interest in the outcome of this : litigation. Your Petitioners are not a trade association. This case did not arise out of a bankruptcy proceeding. 4.