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Try CasePortal for FreeJ. Ashe denies requests by oceangoing shippers, freight handlers and their insurers to dismiss claims by Goodyear Tire & Rubber Company holding them responsible for water damage to two shipments of processed natural rubber from Thailand and Indonesia to New Orleans. Goodyear alleges that the bales of rubber were damaged during ocean transit and upon being stored outdoors and uncovered at the port of New Orleans. Goodyear has sufficiently alleged that it entered into a contract by email with the foreign carriers for the transport and handling of the rubber. Whether the litigants formed a contract, the terms of that contract and whether fraud is involved are all issues that may be resolved by discovery and possibly further litigation. At the current stage, Goodyear has alleged sufficient facts to state a claim that a contract was formed and breached.