Evidence
9 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-9).
-
[1]Mayo v. A.W. [sic - A.O.] Smith Corporation, No. 3:08-cv-00058-MMC (N.D. Cal.), Notice of Removal (Doc. 1, filed 2008-01-04) and Order Remanding Action (Doc. 18, filed 2008-01-25); state case Alameda County Superior RG-07-357726 [court_record]
- Locator
- RECAP docket 4171025; Doc. 1 (Notice of Removal) paras. 2-8 - PDF https://storage.courtlistener.com/recap/gov.uscourts.cand.199079.1.0.pdf ; Doc. 18 (Order Remanding Action)
- Finding type
- litigation_documented
- Finding
- Docketed asbestos personal-injury action naming this hull: Mayo v. A.O. Smith Corporation et al., U.S. District Court, N.D. Cal. No. 3:08-cv-00058 (removed from Superior Court of California, County of Alameda, No. RG-07-357726, filed 2007-11-21). Plaintiff James Mayo alleged mesothelioma caused by asbestos exposure; per Foster Wheeler's Notice of Removal, his Answers to Interrogatories alleged injury from asbestos exposure while serving in the U.S. Navy aboard Navy ships, 'more specifically... exposure while working as a boiler technician on the USS Castor from 1950 to 1955.' Foster Wheeler LLC removed the case 2008-01-04 under 28 U.S.C. 1442(a)(1) (federal-officer removal, asserting the Boyle government-contractor defense); plaintiff moved to remand; the parties stipulated, and the court (Chesney, J.) remanded to Alameda Superior Court by order of 2008-01-25. USS Castor is the only Navy vessel named in the removal record.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 1950-1955 (alleged exposure); 2007-2008 (litigation)
- Population
- U.S. Navy boiler technician aboard USS Castor, 1950-1955 (alleged exposure period)
- Limitations
- Pleading/discovery-stage allegation - the exposure claim was never adjudicated; the remand was by stipulation and reached no merits. Does not establish that asbestos exposure occurred aboard, causation, or any legal outcome; the plaintiff's complaint also alleged exposure in Air Force service and V.A. hospitals (multi-site), so Castor is not an exclusive alleged site. State-court disposition after remand not located.
- Atlas source
- true
- Evidence ID
- ev-uss-castor-aks1-01
-
[2]Mayo v. A.W. [sic - A.O.] Smith Corporation, No. 3:08-cv-00058-MMC (N.D. Cal.), Defendant Foster Wheeler LLC's Notice of Removal (Doc. 1, filed 2008-01-04), para. 6 [court_record]
- Locator
- Notice of Removal, Grounds for Removal, para. 6 (scanned PDF p. 4 of 45)
- Finding type
- litigation_product_id
- Finding
- In its Notice of Removal, defendant Foster Wheeler LLC stated that it 'manufactured marine boilers and auxiliary equipment for use on Navy ships pursuant to contracts and specifications executed by the Navy' and that it 'has confirmed that its boilers were on the USS Castor' - a manufacturer's own identification of its product aboard this hull, made in a federal court filing.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 1941-1968 (product presence); 2008 (filing)
- Population
- Boiler-room and engineering crew aboard USS Castor (context for the alleged product)
- Limitations
- Defendant's own statement in its removal filing - establishes product presence (Foster Wheeler boilers aboard), not asbestos content: the filing does not state the boilers contained asbestos components or insulation, and the exposure allegation tied to them remains an unadjudicated pleading. The confirmation was made for jurisdictional purposes (federal-officer removal), not as a merits admission.
- Atlas source
- true
- Evidence ID
- ev-uss-castor-aks1-02
-
[3]Dictionary of American Naval Fighting Ships, 'Castor' (AKS-1) entry - Naval Historical Center / NHHC [nhhc_danfs]
- Locator
- Wayback capture 2013-02-01 of history.navy.mil/danfs/c4/castor.htm (canonical NHHC page currently returns 404 - standing link-rot issue)
- Finding type
- vessel_history
- Finding
- DANFS ship history: launched as Challenge on 20 May 1939 by Federal Shipbuilding and Dry Dock Co., Kearny, N.J., under a Maritime Commission contract; sponsored by Mrs. T. M. Woodward; acquired by the Navy 23 October 1940 and renamed Castor six days later; commissioned 12 March 1941, Comdr. F. Johnson in command. Cleared Norfolk 6 May 1941 for San Diego; cargo voyages to Pearl Harbor; carried Marine reinforcements to Johnston and Wake Islands October 1941; arrived Pearl Harbor three days before the 7 December 1941 attack - strafed, little damage, no casualties. Post-attack cargo runs West Coast-Pearl Harbor, then South Pacific (New Caledonia, New Hebrides, Fiji, New Zealand); Funafuti/Espiritu Santo voyage November-December 1943 for the Gilbert Islands invasion; Marshall Islands runs from January 1944; reported to TF 58 at Manus 18 September 1944 and replenished the fast carrier task force from Manus and Ulithi, including support of the Okinawa assault May-June 1945. Occupation-duty supply runs December 1945-February 1947 (Guam, Saipan, Tsingtao, Hong Kong, Japanese ports); decommissioned and placed in reserve at San Francisco 30 June 1947. Recommissioned 24 November 1950 for Korea; supplied Inchon and Pusan and replenished TF 77 from Sasebo; storm disabled 18 March 1952 (dead in the water 22 hours); Yokosuka homeport from 9 September 1952; Operation Passage to Freedom September 1954; rescued 11 survivors of SS Lepus 20 October 1956 (citation and plaque from President Magsaysay). Three WWII and two Korean War battle stars.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 1939-1960
- Limitations
- DANFS narrative text ends at 1960 - Vietnam-era service, the 1968 decommissioning, and disposal are not covered by this source (NavSource/MARAD supply those). No asbestos or materials content. Stat block (dp. 5,500; l. 435') conflicts with MARAD figures; measurement conventions differ.
- Atlas source
- true
- Evidence ID
- ev-uss-castor-aks1-03
-
[4]U.S.S. Castor (AKS1/A16-3(C-17)), 'December 7th Raid - Report on,' 11 December 1941 (HyperWar transcription) [other_primary]
- Locator
- Action report, paragraphs 1-3 (offensive measures, damage to enemy, own losses)
- Finding type
- vessel_history
- Finding
- Primary action report (CO CDR H. J. Wright to Commander Training Squadron Eight via Commander Base Force, dated Pearl Harbor 1941-12-11): Castor was berthed at Merry Point, Pearl Harbor during the 7 December 1941 raid; went to general quarters at 0755; her 3"/23 AA battery and .30-caliber machine guns engaged enemy torpedo planes and dive bombers from 0800; she was strafed while handling lines for USS Neosho berthing astern and transferred 284 rounds of 3"/23 ammunition to Neosho at 1030. Own losses: no personnel casualties; machine-gun hits gouged the recoil cylinder nut and barrel of the No. 3 AA gun (gun remained in commission).
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 1941-12-07
- Population
- Crew aboard at Pearl Harbor, 1941-12-07
- Limitations
- Establishes the ship's location, activity, and condition during the Pearl Harbor attack only; contains no asbestos, insulation, or materials information. Note OCR of the Executive Officer's name ('H.B. NERTY') is likely Lt. Comdr. H. B. Herty, who appears in the NavSource commanding-officer list.
- Atlas source
- true
- Evidence ID
- ev-uss-castor-aks1-04
-
[5]U.S. Maritime Administration, ShipHistory database - CASTOR (AKS-1), Detail 5745, incl. digitized vessel status card (form MA-199) and Record of Ship Sales (form MA-20) [marad_nrc]
- Locator
- ShipHistory Detail 5745; status card images /cards/16I_01.png (MA-199) and /cards/5745_AF.jpg (MA-20); image captions for Castor_5745_002-005.jpg
- Finding type
- vessel_history
- Finding
- MARAD ShipHistory record and digitized status cards: Official No. 238750; built 1939 by Federal Shipbuilding and Dry Dock Co., Kearny, N.J.; design C2 Cargo; 6,085 gross tons; 459.16 ft x 63 ft; delivered from shipyard to the U.S. Maritime Commission 1939-07-10; transferred to the Navy Department 1940-10-23. Operating history (status card): Navy Department to Maritime Administration, permanent TITLE transfer, Sasebo, Japan, 1969-09-02 2:30 GMT; Maritime Administration to Mitsui & Co., Ltd., purchase 'Sale (Scrap)', Sasebo, 1969-09-02 2:31 GMT. Record of Ship Sales (form MA-20): awarded to Mitsui & Co., Inc. 1969-07-25, purchase price $550,000 for 2 ships overall, contract MA-4816; advertised 1969-06-19 under PD-X-836, bids opened 1969-07-22, 'Dismantle Foreign.' Ship imagery includes U.S. Navy photos of the ship's antenna structure at Mare Island Naval Shipyard dated 1952-07-03 (during the post-storm overhaul window).
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 1939-1969
- Limitations
- Authoritative for construction, custody milestones, and disposal; status-card handwriting partially legible (visual read). '$550,000 for 2 ships' indicates a package sale - the companion hull is not identified on the card (sister Pollux AKS-4 decommissioned the same year is a plausible consort, unverified). 'Dismantle Foreign' means scrapping occurred outside U.S. jurisdiction - no U.S. abatement documentation expected. No asbestos or materials content anywhere in the record.
- Atlas source
- true
- Evidence ID
- ev-uss-castor-aks1-05
-
[6]Corn, Jacqueline Karnell, and Jennifer Starr, 'Historical perspective on asbestos: policies and protective measures in World War II shipbuilding,' American Journal of Industrial Medicine 11(3):359-373 (1987) [other_primary]
- Locator
- AJIM 11(3):359-373; abstract via PubMed PMID 3548627
- Finding type
- asbestos_application
- Finding
- Peer-reviewed historical scholarship documents that asbestos was used extensively as a fireproofing and insulating material in U.S. shipbuilding of the World War II era - boiler and steam-line insulation, gaskets, packing, and related shipboard applications. A 1939 steam-turbine C2 cargo hull converted for Navy stores-issue service is era-consistent with these applications, but no document itemizes materials aboard this hull.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-22
- Study period
- 1939-1945 era documented; article 1987
- Population
- Shipyard construction trades (Kearny, 1938-1939); Navy engineering crews 1941-1968 (era context)
- Limitations
- Era/program-level scholarship - does not name this vessel and does not establish asbestos was or remains aboard this hull, nor quantity, location, condition, exposure, or causation. Note the hull predates the wartime emergency program (built 1939 to merchant C2 specification) - the inference is somewhat weaker than for a wartime-built hull.
- Atlas source
- true
- Evidence ID
- ev-uss-castor-aks1-06
-
[7]MARAD status card (MA-199) and Record of Ship Sales (MA-20) for Castor, Detail 5745; DANFS 'Castor' entry; NavSource AKS-1 page (conflicting dates noted) [marad_nrc]
- Locator
- MARAD card fields 7/8/14/16 and operating-history rows; DANFS entry first paragraph; NavSource chronology lines
- Finding type
- historical_record
- Finding
- Source reconciliation (secondary-source conflicts resolved against primary records): (a) acquisition date - NavSource says '30 October 1940,' but DANFS ('acquired by the Navy 23 October 1940') and the MARAD status card (Navy Department transfer dated 10/23/40) agree; 1940-10-23 adopted as controlling. (b) Merchant name - NavSource renders 'SS Challenger'; DANFS and the type-C2 ship register give 'Challenge'; 'Challenge' adopted. (c) Disposal date - NavSource compresses the sale to '25 July 1969'; MARAD records show that is the bid-award date, with Navy-to-MARAD title transfer and MARAD-to-Mitsui delivery both executed at Sasebo 1969-09-02.
- Verification
- verified
- Role
- correction
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 1939-1969
- Limitations
- Resolves publication-level date and naming discrepancies; none affect the exposure record. No asbestos content in any of the reconciling sources.
- Atlas source
- true
- Evidence ID
- ev-uss-castor-aks1-07
-
[8]Batch-1116 search ledger (this record): NHHC DANFS (Wayback capture), MARAD ShipHistory 5745 + card scans, NavSource 09/16/1601, HyperWar action report, CourtListener v4 opinion/docket searches [other_primary]
- Locator
- search_ledger rows sl-uss-castor-aks1-01 through sl-uss-castor-aks1-10
- Finding type
- historical_record
- Finding
- No qualifying official ship-specific asbestos record located: no asbestos survey, abatement contract, materials specification, or hazmat disclosure naming USS Castor (AKS-1) was found in the sources searched (DANFS/NHHC, MARAD ShipHistory and status cards, NavSource, HyperWar deck-log/action-report holdings, CourtListener opinion and RECAP indexes - see search_ledger). The only ship-specific asbestos content located is the unadjudicated pleading-stage allegation and defendant product confirmation in ev-01/ev-02. The hull was scrapped abroad (Japan) in 1969, so no NDRF or museum hazmat paper trail exists.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-22
- Study period
- 2026-09-22
- Limitations
- Absence of a located public record does not prove absence of asbestos aboard - a 1939 steam plant and the plaintiff's boiler-technician allegation are era-consistent with asbestos-containing materials, but no survey-level documentation exists. Does not establish or defeat any exposure claim or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-castor-aks1-08
-
[9]NARA Guide to Federal Records - RG 24 (Navy deck logs) and RG 181 (naval district/shore-establishment records, Mare Island NSY); Superior Court of California, County of Alameda case RG-07-357726 [other_primary]
- Locator
- NARA RG guides; Alameda Superior case number from RECAP docket 4171025 removal notice
- Finding type
- historical_record
- Finding
- Archival leads (not retrieved - no spend authorized): (a) NARA deck logs for USS Castor (RG 24/Logbooks), covering the Pearl Harbor berthing, wartime runs, and Yokosuka/Sasebo years - may hold repair and material references; (b) Mare Island Naval Shipyard work records for the April-July 1952 storm-damage overhaul and any 1955 technical-stores conversion work (RG 181 series), consistent with the MARAD-filed Navy photos dated 1952-07-03 at Mare Island; (c) the Alameda County Superior Court file in Mayo v. A.O. Smith Corp. et al., RG-07-357726 - plaintiff's interrogatory answers and complaint exhibits may carry ship-specific product identification detail beyond what the federal removal record preserves.
- Verification
- unverified
- Role
- archival_lead
- Documentation level
- context_only
- Accessed
- 2026-09-22
- Study period
- 1939-2008 records
- Limitations
- Record-group and file-path mapping only - no box-level retrieval performed; existence of asbestos-specific documents in these files is unknown until surveyed in person. Nothing in this row is an asbestos finding.
- Atlas source
- true
- Evidence ID
- ev-uss-castor-aks1-09