USS Cabot (AVT-3)

Evidence

10 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-10).

1. [1]Dafler v. Raymark Industries, Inc., 259 N.J. Super. 17, 611 A.2d 136 (App. Div. 1992), aff'd o.b., 132 N.J. 96, 622 A.2d 1305 (1993); CourtListener opinion 2347082 [court_record]

   Locator

   Opinion Part III, 259 N.J. Super. at 22-24 (Dafler ship list incl. Cabot; Joyce ship list incl. Cabot; daily product observations 'on each of the nine or ten ships'); verdict/apportionment at 21-22

   Finding type

   litigation_product_id

   Finding

   Published New Jersey Appellate Division opinion (affirming a jury verdict; further affirmed on the basis of the opinion by the New Jersey Supreme Court) recites trial testimony expressly naming USS Cabot among ships built at New York Shipbuilding, Camden amid asbestos insulation work. Shipfitter Frank Dafler (yard 1939-1945) testified he worked on 12-13 ships including 'the carriers: Belleauwood, Cowpens, Cabot, Princeton, Independence, and Monterey,' spending about 70% of his time in engine and boiler rooms 'in very close proximity to the pipefitters who used asbestos and asbestos-containing products to cover the numerous pipes housed in those areas.' Product-identification witness Louis Joyce (yard 1942-1944, sheet-metal department, boiler/engine rooms) separately named Cabot in his own ship list ('the carriers: Princeton, Independence, Langley, Cabot, Cowpens, Monterey, Bataan, Belleauwood, and San Jacinto') and testified he saw Ehret asbestos pipe covering, Johns-Manville pipe covering, Baldwin Mono Block asbestos covering, and Ehret and Johns-Manville asbestos-cement bags 'daily ... on each of the nine or ten ships he worked on,' plus Garlock gaskets - some 'punched out' on site, releasing dust. The jury found asbestos exposure 'was a substantial contributing cause of Mr. Dafler's lung cancer'; verdicts affirmed.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-26

   Study period

   1942-1944 shipyard exposure window; verdict 1991-05-21; opinion 1992-07-30; aff'd o.b. 1993-04-15

   Population

   New York Shipbuilding (Camden) shipfitter and sheet-metal helper working aboard hulls under construction/fit-out, 1942-1944 - Cabot's build window was 1942-03 to 1943-07

   Limitations

   Affirmed-judgment-level record, but the ship-naming and product identifications are trial testimony recited in the opinion - the verdict found causation for the plaintiff's aggregate 1939-45 yard employment across all his ships, not allocated per-hull. Dafler's own trade (hull/bulkhead steel work) was not asbestos work; his exposure aboard was bystander exposure to the pipe trades' materials. Joyce's daily-product observations attach to the ships on his list, Cabot expressly among them, within the hull's 1942-43 construction/fit-out window. Does not quantify asbestos aboard, does not address service-era conditions, and does not establish exposure for any individual other than plaintiff.

   Atlas source

   true

   Evidence ID

   ev-uss-cabot-avt3-01

2. [2]Giacobbe v. Celotex Corp., 629 F. Supp. 827 (E.D. Pa. 1985), Civ. A. No. 83-2276 (Broderick, J.), filed 1985-12-02; CourtListener opinion 8901334 [court_record]

   Locator

   629 F. Supp. at 828-829 (undisputed facts: Cabot service and insulation-disturbance duties), 829-831 (borrowing-statute analysis and holding); verified via ecases.us/exa.ai full-text excerpts and Gwaltney v. Stone parenthetical (387 Pa. Super. 492, 1989)

   Finding type

   litigation_documented

   Finding

   Published E.D. Pa. memorandum opinion on defendant Owens-Illinois's motion for summary judgment recites as undisputed material fact: Mr. Giacobbe 'served in the Navy as a damage control man, shipfitter, hull technician and general maintenance man aboard the USS Cabot' during 1943-1946 service, and 'as part of his job, he took pipecovering off pipes, repaired the pipes, ripped off gaskets, and replaced the pipecovering with a temporary insulation.' The suit (filed May 12, 1983) sought damages for personal injuries from asbestos exposure at the Philadelphia Naval Shipyard (1941-43 and 1965-forward), the Brooklyn Navy Yard (1950-65), and during U.S. Navy service (1943-46 - the Cabot period); Giacobbe was diagnosed with asbestosis in February 1983. Applying Pennsylvania's borrowing statute, the court held the New York-accrued portion (Brooklyn Navy Yard exposure) time-barred under New York's three-year statute; the remainder, including the Navy-service claims, was timely under Pennsylvania's two-year statute and discovery rule.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-26

   Study period

   1943-1946 service window; suit filed 1983-05-12; opinion filed 1985-12-02

   Population

   Sailor serving aboard USS Cabot (CVL-28) 1943-1946 in damage control, shipfitter, and maintenance ratings

   Limitations

   Summary-judgment-stage record: the Cabot duties are recited as material facts not genuinely in dispute inside an asbestos-exposure action - the opinion resolves limitations/borrowing-statute questions only and does not adjudicate that specific disturbed materials aboard contained asbestos, quantify material, or establish causation for this plaintiff's service aboard. The materials disturbed are described generically ('pipecovering,' 'gaskets,' 'temporary insulation'); the asbestos framing comes from the suit, not the holding.

   Atlas source

   true

   Evidence ID

   ev-uss-cabot-avt3-02

3. [3]DANFS, USS Cabot II (CVL-28) entry - construction, designation changes, and service record (verbatim transcription; live NHHC DANFS pages returned 404 this session) [nhhc_danfs]

   Locator

   DANFS Cabot II entry - specifications block, construction paragraph, kamikaze paragraph (25 Nov 1944), reserve/training paragraphs

   Finding type

   vessel_history

   Finding

   Official ship-history record for this hull: laid down as light cruiser Wilmington (CL-79); redesignated CV-28 on 2 Jun 1942; renamed Cabot 23 Jun 1942; converted while building; launched 4 Apr 1943 by New York Shipbuilding Co., Camden, N.J., sponsored by Mrs. A. C. Read; reclassified CVL-28 on 15 Jul 1943; commissioned 24 Jul 1943. WWII service with TF 58/38 from Jan 1944 (Marshalls, Palaus, Hollandia, Philippine Sea, Leyte Gulf, Formosa air battle, Iwo Jima, Okinawa, strikes on Japan). Kamikaze crash on the port-side flight deck 25 Nov 1944 off Luzon - 52 men killed and wounded; temporary repairs afloat, permanent repairs at Ulithi from 28 Nov. San Francisco overhaul completed June 1945. Presidential Unit Citation and nine battle stars. Out of commission in reserve at Philadelphia 11 Feb 1947; recommissioned 27 Oct 1948 for Naval Air Reserve training (Pensacola, Quonset Point; European cruise 9 Jan - 26 Mar 1952); out of commission in reserve 21 Jan 1955; reclassified AVT-3 on 15 May 1959.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-26

   Study period

   1942-1959 (construction through AVT-3 redesignation)

   Population

   New York Shipbuilding construction trades 1942-43; crews and embarked air groups 1943-55; Ulithi and San Francisco repair workforces 1944-45

   Limitations

   Ship-specific official history; contains no asbestos, insulation, or hazardous-material content. The 1945 San Francisco overhaul yard is not named in the entry (see gaps); the DANFS spec block gives complement 1,569. Transcription carries a bracketed post-publication addendum ('awaits scrapping ... Brownsville, Tex.' as of Jan 1999).

   Atlas source

   true

   Evidence ID

   ev-uss-cabot-avt3-03

4. [4]NavSource Online Aircraft Carrier Photo Archive, USS Cabot (CVL-28)/(later AVT-3) - operational and building data + photo-caption history; NHHC Online Library 'USN Ships - USS Cabot (CVL-28, later AVT-3), 1943-1967' (Wayback capture) [other_primary]

   Locator

   NavSource CVL-28 page, 'Operational and Building Data' block and photo captions (Wayback capture 2025-01-08); NHHC Online Library cvl28.htm (Wayback capture 2012-02-03); hazegray.org/navhist/carriers/cabot (Wayback capture 2025-02-07)

   Finding type

   vessel_history

   Finding

   Chronology cross-check and yard-period record: ordered as Cleveland-class cruiser Wilmington (CL-79) 9 Sep 1940; contract to New York Shipbuilding Corp., Camden; laid down 16 Mar 1942. Decommissioned to reserve 11 Feb 1947; recommissioned 27 Oct 1948 as Naval Air Reserve training carrier; modernized for ASW support Mar 1950 - Feb 1951 (photo caption identifies the work as FY51 project SCB-54: port H-4B catapult, modernized island). Decommissioned to reserve 21 Jan 1955; reclassified aircraft transport AVT-3 15 May 1959 while in reserve. Taken out of reserve 1965 and overhauled at Philadelphia Naval Shipyard 1965-67 in preparation for transfer (island enlarged, new mast and radars, four uptakes reduced to two, per hazegray photo captions). Loaned to Spain and commissioned as Dédalo 30 Aug 1967 (ASW helicopter carrier PH-01); stricken from the U.S. Naval Vessel Register 1 Aug 1972; sold to Spain 5 Dec 1972; reclassified aircraft carrier PA-01 on 28 Sep 1976 shortly before Harrier operations; redesignated R-01 under NATO practice in 1980; stricken from the Spanish Navy List 5 Aug 1989 at New Orleans and donated to a private organization. Sold for scrapping 1997; towed to Port Isabel 18 Oct 1997, then to a Brownsville shipbreaking berth 9 Aug 1998; stripping began Oct 2000; scrapping nearing completion by mid-2002.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-26

   Study period

   1940-2002 (contract through disposal)

   Population

   Philadelphia Naval Shipyard overhaul workforce 1965-67; Spanish Navy crews and refit workers 1967-1989; Brownsville shipbreaking workforce 2000-2002

   Limitations

   NavSource is a compiled secondary reference corroborated by NHHC narrative and photo captions; the SCB-54 modernization's performing yard is not named in these sources (see gaps). NHHC Online Library states the loan 'was converted to a sale in 1972' while the NPS NHL page says Spain purchased in 1973 - minor discrepancy logged in gaps. No asbestos or material content in the cited material.

   Atlas source

   true

   Evidence ID

   ev-uss-cabot-avt3-04

5. [5]U.S. EPA, Toxic Substances Control Act (TSCA) Report to Congress for Fiscal Year 1994, EPA 745-R-96-003 (Aug 1996) - Appendix B Region VI enforcement narrative 'USS Cabot/Dedalo Museum Foundation' and Appendix C defensive-litigation entry 'USS Cabot/Dedalo Museum Foundation v. EPA, Nos. 94-2277, 94-3631 (E.D. La.)' [other_primary]

   Locator

   EPA 745-R-96-003, Appendix B 'Region VI - USS Cabot/Dedalo Museum Foundation' (p. B-4) and Appendix C 'USS Cabot/Dedalo Museum Foundation v. EPA, Nos. 94-2277, 94-3631 (ED LA)' (p. C-10)

   Finding type

   environmental_record

   Finding

   EPA's own report to Congress documents federal hazardous-material regulation of this specific hull: Region VI learned on 8 Jun 1994 that the owners of the USS Cabot/Dedalo proposed to export 'the ship, which contains high levels of PCBs in its wiring,' making it subject to TSCA §6(e). On 27 Jun 1994 EPA learned the Foundation had a contract to sell the vessel for scrap to a company in India and had requested export clearance from U.S. Customs; EPA asked Customs to deny clearance. The Foundation sued for a TRO in the Eastern District of Louisiana (11 Jul 1994); DOJ filed EPA's own action. 'On March 29, 1995, the court granted the Government's motion for a permanent injunction, finding that plaintiff's intended export of the vessel would violate TSCA and the PCB regulations,' the court concluding that scrapping was more akin to 'disposal' than to 'continued use' of the PCBs.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-26

   Study period

   1994-1995 enforcement and litigation window

   Population

   n/a (regulatory record); prospective Indian shipbreaking workforce averted by the export injunction

   Limitations

   Documents PCB contamination aboard this hull and a federal injunction blocking its export for foreign scrapping - PCB-specific; the EPA report does not name asbestos. Establishes ship-specific hazardous-material regulation, not an ACM inventory. OCR of the report garbles one threshold figure ('RGBs ... parts per billion' for PCBs at the ppm regulatory level); the injunction passage describes 'PCB contamination in excess of 49 parts per million.'

   Atlas source

   true

   Evidence ID

   ev-uss-cabot-avt3-05

6. [6]U.S. Naval Institute, 'Naval History News,' Naval History Magazine vol. 13 no. 6 (Dec 1999) - Cabot auction/seizure item [reputable_press]

   Locator

   Naval History News, Dec 1999, 'Cabot sold at auction' item (second page of article)

   Finding type

   environmental_record

   Finding

   USNI reports: the ship 'was seized on 26 April 1999 by the U.S. Marshal's Service from its previous caretaker, the Cabot Museum Foundation, to recover a debt the foundation owed the U.S. Coast Guard - more than $1 million spent removing hazardous materials within the ship'; sold at auction 9 Sep 1999 to Sabe Marine Salvage on a winning bid of $185,000; and 'the Environmental Protection Agency [decided] to stop anyone from taking the Cabot overseas until the carrier has been cleaned completely of all hazardous wastes - which include PCBs and asbestos.'

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-26

   Study period

   1999 reporting on 1994-1999 events

   Population

   U.S. Coast Guard hazmat-removal workforce (pre-1999); prospective salvage workers

   Limitations

   The only located source that names asbestos among this hull's hazardous materials - a reputable naval press item reporting EPA's position, not an EPA manifest or survey. Asbestos type, location, and quantity are not stated; the underlying EPA administrative record (App. B narrative) documents PCBs only. The Coast Guard's >$1M removal effort is described as 'hazardous materials' without itemization.

   Atlas source

   true

   Evidence ID

   ev-uss-cabot-avt3-06

7. [7]National Park Service, National Historic Landmarks program - USS Cabot (CVL-28) page; NPS NPGallery NRIS record 90000334 [nps]

   Locator

   NPS NHL USS Cabot page (Brownsville, TX listing: designation 1990-06-21, withdrawal 2001-08-07); NPGallery AssetDetail NRIS 90000334

   Finding type

   historical_record

   Finding

   NPS record of the designation and destruction of this hull: acquired from Spain by the New Orleans-based Cabot-Dedalo Museum Foundation; designated a National Historic Landmark and listed on the National Register (NRIS 90000334) on 21 Jun 1990. The foundation folded for lack of restoration funds; the deteriorating carrier accumulated dock-space and environmental clean-up fees at New Orleans, was considered a danger to shipping traffic, and was moved to Texas in 1997; seized by U.S. Marshals and auctioned in 1999; purchased by Sabe Marine Salvage; 'subsequently, the Environmental Protection Agency barred the company from taking the ship overseas for salvage because of the presence of hazardous materials.' Scrapping began November 2000 at the Port of Brownsville in a special facility built by Maruti Steel, Inc.; island, antennas, gun mounts, and artifacts went to museums or the Naval Historical Center Curator Branch. NHL designation withdrawn 7 Aug 2001, the qualities supporting designation having been destroyed.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-26

   Study period

   1989-2001

   Population

   Museum-foundation caretakers 1989-1999; salvage/shipbreaking workforce at Brownsville 2000-2002

   Limitations

   Federal record confirming 'the presence of hazardous materials' aboard at the salvage stage without itemizing them as asbestos; documents designation history and scrapping, not an ACM survey. NPS body text reads 'June 29, 1990' for the designation while the page header and NRIS both give 21 Jun 1990 - the NRIS date is used (discrepancy logged in gaps).

   Atlas source

   true

   Evidence ID

   ev-uss-cabot-avt3-07

8. [8]United States v. Ex-USS Cabot/Dedalo, 297 F.3d 378 (5th Cir. 2002); United States v. Ex-USS Cabot/Dedalo, 179 F. Supp. 2d 697 (S.D. Tex. 2000); Carter-Green-Redd, Inc. v. USS Cabot/Dedalo Museum Found., 756 F. Supp. 276 (E.D. La. 1991); USS Cabot/Dedalo Museum Foundation v. EPA, Nos. 94-2277, 94-3631 (E.D. La., permanent injunction 1995-03-29, per EPA report) [court_record]

   Locator

   297 F.3d 378 (5th Cir. 2002) facts-and-proceedings section; 179 F. Supp. 2d 697; 756 F. Supp. 276; EPA 745-R-96-003 App. C for the Foundation v. EPA disposition

   Finding type

   litigation_documented

   Finding

   Non-asbestos litigation naming this hull, classified 'other litigation': (1) Carter-Green-Redd (E.D. La. 1991) - dismissed for lack of admiralty jurisdiction; dispute over a failed casino-conversion option contract. (2) Foundation v. EPA (E.D. La. 1995) - permanent injunction barring export of the hull for foreign scrapping under TSCA/PCB regulations (see ev-05). (3) U.S. v. Ex-USS Cabot/Dedalo (S.D. Tex. 2000) - final judgment distributing proceeds of the court-ordered auction among lien claimants; the district court found the United States held a salvage lien priming Marine Salvage's necessaries lien. (4) Fifth Circuit 2002 - reversed: the Coast Guard's wharf repairs, tug assistance, and tow to Violet, La. (>$500,000 spent) were performed under its mandatory FWPCA pollution-abatement duty and could not be re-characterized as voluntary salvage. The vessel had been the subject of in rem suits on four occasions.

   Verification

   verified

   Role

   context

   Documentation level

   ship_specific

   Accessed

   2026-09-26

   Study period

   1991-2002 litigation window

   Population

   n/a (non-exposure litigation)

   Limitations

   Admiralty, contract, and environmental-export litigation over the hull's preservation and disposal - none of these proceedings allege or adjudicate asbestos exposure. Included to complete the litigation picture and to prevent misclassification of Cabot-named cases as exposure evidence in later sweeps.

   Atlas source

   true

   Evidence ID

   ev-uss-cabot-avt3-08

9. [9]U.S. Navy, Bureau of Ships Technical Manual, NAVSHIPS 250-000, Chapter 39 'Thermal Insulation' (1960, page date 15 April 1959) - specification-level document for Navy shipboard insulation materials [other_primary]

   Locator

   BuShips TM ch.39, materials sections (verbatim OCR text of retrieved PDF scan)

   Finding type

   asbestos_application

   Finding

   Class/era material context: cruiser-hull conversion construction (keel as CL-79, March 1942; carrier conversion through commissioning July 1943) inside the Navy asbestos-specification era, giving the hull a two-layer material history (Cleveland-class CL-era machinery spaces plus carrier-conversion work). The 1960 BuShips Technical Manual's insulation chapter enumerates the asbestos material suite standard to Navy steam plants of this construction era: MIL-P-2781 pipe covering including 85% magnesia 'formed from a combination of 85 percent magnesium carbonate with about 15 percent asbestos fiber' and a class 'formed from a uniform mixture of amosite asbestos fibers'; roll asbestos felt MIL-I-15091; asbestos cloth/tape SS-C-466 (80-95% chrysotile) as lagging; asbestos millboard HH-M-351; asbestos finishing cement; molded asbestos block for high-temperature service. Her four Babcock & Wilcox boilers, GE geared turbines, and steam piping are the equipment classes those specifications cover; the pipe-covering and gasket work recited aboard in the Giacobbe record, and the products named in the Dafler record, are consistent with this material family.

   Verification

   inferred

   Role

   context

   Documentation level

   class_or_era

   Accessed

   2026-09-26

   Study period

   1942-1943 construction; 1960 manual describing era-standard specifications

   Population

   New York Shipbuilding construction trades 1942-43; crews and repair workers

   Limitations

   Specification-level documentation of what the Navy specified - corroborates the material family a damage-control sailor would have disturbed, but does not itself prove the products aboard this hull contained asbestos or remain aboard. The retrieved PDF is a scan hosted in the Garlock bankruptcy Daubert-appendix repository; the document itself is the government manual. Row carried from the Independence-class profile verification (2026-09-16).

   Atlas source

   true

   Evidence ID

   ev-uss-cabot-avt3-09

10. [10]Batch-3089 search ledger (this record): NHHC/DANFS live + ibiblio mirror; NHHC Online Library (Wayback); NavSource (Wayback); NPS NHL + NPGallery NRIS; EPA TSCA report; USNI Naval History; CourtListener helper (blocked); opinion mirrors (ecases.us, exa.ai, cetient, syfert, vlex); archive.org NARA drawings collection; LOC HAER; hazegray (Wayback) [other_primary]

    Locator

    search_ledger rows sl-uss-cabot-avt3-01 through sl-uss-cabot-avt3-16

    Finding type

    litigation_documented

    Finding

    Beyond the two qualifying ship-specific litigation records (Dafler, ev-01; Giacobbe, ev-02), no additional asbestos case naming this hull was located; all other Cabot-named vessel litigation found is non-asbestos admiralty/environmental-export work (ev-08). No hull insulation survey, asbestos inventory, abatement contract, donation-condition hazmat disclosure, or HAER federal recordation was located for this hull - she was scrapped without HAER documentation (LOC HAER holds records for other carriers, e.g., Hornet CVS-12, but none for CVL-28). No digitized CVL-28 Booklet of General Plans exists in the Internet Archive NARA ship-drawings set (CVL-25 and CVL-26 booklets are present). Spanish-service-era (1967-1989) material documentation not located in English- or Spanish-language sources checked. VA BVA web-index check produced no qualifying 'USS Cabot' asbestos decision.

    Verification

    verified

    Role

    negative_finding

    Documentation level

    ship_specific

    Accessed

    2026-09-26

    Study period

    search date 2026-09-26

    Limitations

    Scope note, not absence-of-exposure: CourtListener API sweeps were blocked this session by fleet-wide request pacing (authenticated helper stood down); the two qualifying opinions were verified via independent full-text mirrors and carry CourtListener opinion IDs verified in prior sessions (8901334; 2347082). CourtListener covers published/indexed opinions only - unreported, settled, and docket-level matters are invisible. 'Cabot' is a high-collision search term (Cabot Corp., Cabot guns, Cabot VT); results above are filtered to this hull.

    Atlas source

    true

    Evidence ID

    ev-uss-cabot-avt3-10