Evidence
13 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-13).
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[1]DANFS, L. Y. Spear (AS-36) (NHHC; live page 404, cited via Wayback capture 2024-12-02) [nhhc_danfs]
- Locator
- DANFS entry text and specifications block
- Finding type
- vessel_history
- Finding
- DANFS establishes identity and construction: named for Lawrence York Spear (1870-1950), Electric Boat Co. submarine designer and wartime president (1942-47); laid down by General Dynamics Corp., Quincy Division, Quincy, Mass., 5 May 1966; launched 7 September 1967; sponsored by Mrs. Arnold F. Schade. Described as first of a new class designed primarily to service nuclear attack submarines, assigned to Submarine Squadron 6 at Norfolk, capable of supporting as many as 12 submarines and servicing 4 alongside simultaneously. Spec line: 22,640 tons full load, 644 ft length, 20 kt, complement 1,338.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- 1966-1970 (construction and entry-into-service period covered by entry)
- Population
- Crew (~1,300); tended submarine crews; Quincy construction trades (1966-70)
- Limitations
- Entry was written before commissioning ('is scheduled for commissioning in 1970') and contains no post-commissioning service history, no propulsion detail, and no asbestos or insulation statement. Spec line shows 'dr. 57' where NVR and SCB-derived sources give 29 ft maximum navigational draft - treated as a transcription error in the entry, not adopted here.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-01
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[2]Naval Vessel Register, L Y SPEAR (AS 36) detail page (Wayback capture 2011-05-14; live NVR page removed after dismantling) [other_primary]
- Locator
- NVR AS-36 detail page, all fields
- Finding type
- vessel_history
- Finding
- NVR registry record: UIC 05851; builder 'GENERAL DYN/QUINCY'; award 05/12/1965; keel 05/05/1966; launch 09/07/1967; delivery 02/11/1970; commission 02/28/1970; decommission 09/06/1996; stricken 05/03/1999; status 'Stricken, to be disposed of by dismantling', planned disposition 'TO BE SCRAPPED', berthed Portsmouth, VA. Steel hull and superstructure; propulsion type 'Steam Turbine'; accommodations 87 officers / 1,235 enlisted; 643 ft OA, 85 ft beam, 29 ft max navigational draft; 14,362 t light / 23,396 t full.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- Register current to 2011 capture
- Limitations
- Registry data only - no asbestos, insulation, or hazmat statement. Complement figure (1,322) differs modestly from DANFS (1,338); both reported, not merged. Live page was retired with the hull; cited via Wayback capture.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-02
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[3]Cardaro v. Aerojet General Corp. et al., No. 2:11-cv-66763 (E.D. Pa., consolidated under MDL-875; transferred from E.D. La. No. 11-00876), Order denying Foster Wheeler Energy Corp. summary judgment, July 27, 2012 [court_record]
- Locator
- Order, Statement of Facts bullet naming USS L.Y. Spear / Norfolk Naval Shipyard; maritime-law and government-contractor-defense sections
- Finding type
- litigation_product_id
- Finding
- Court record identifies a product-specific asbestos exposure allegation aboard this hull: plaintiff Terry Cardaro, a Navy welder (1969-1977), alleged asbestos exposure aboard USS L.Y. Spear while docked at Norfolk Naval Shipyard, from insulation used in connection with boilers manufactured by defendant Foster Wheeler Energy Corporation; diagnosed with mesothelioma May 2004. The court denied Foster Wheeler's motion for summary judgment (maritime law governs; Virginia statute of limitations inapplicable; genuine fact issues on the government-contractor defense under MIL-M-15071D and SEANAV Instruction 6260.005).
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- 1969-1977 (alleged exposure period); 2012 (order)
- Population
- Navy welder aboard USS L.Y. Spear at Norfolk Naval Shipyard; mesothelioma
- Limitations
- Dispositive-motion stage, not a merits finding: denial of summary judgment leaves the alleged exposure aboard this hull unadjudicated - the court found triable issues, not that asbestos insulation was aboard or that plaintiff was exposed there. Same case produced a later published memorandum (919 F. Supp. 2d 578, E.D. Pa. Jan. 29, 2013) denying GE's motion on a different, land-based exposure site. Does not quantify material or establish any other individual's exposure.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-03
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[4]In re Asbestos Litigation - Hickman (Estate of Gerald L. Hickman) v. CBS Corp. et al., No. 1:16-cv-00308-LPS-SRF (D. Del.), Report and Recommendation on Air & Liquid Systems Corp. (successor to Buffalo Pumps) motion for summary judgment, July 15, 2019 (D.I. 253) [court_record]
- Locator
- R&R Part II (factual background), citing D.I. 175 Ex. A deposition at 113-120
- Finding type
- litigation_documented
- Finding
- Asbestos personal-injury action deposition testimony places plaintiff aboard this hull: Gerald L. Hickman was stationed on USS L.Y. Spear, a submarine tender, at Norfolk circa 1972-1974, and performed 'outside maintenance' on approximately eight submarines, removing service pumps; he did not work in the tender's engine room. Alleged asbestosis and asbestos-related pleural disease from career exposure.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- 1972-1974 (alleged exposure period aboard); 2019 (R&R)
- Population
- Navy engineman/fireman aboard USS L.Y. Spear; alleged asbestosis and pleural disease
- Limitations
- Deposition-stage record recited in an R&R - the Spear service is testimony, not a court finding of exposure aboard. The recommendation went against the plaintiff on product identification: he could not place Buffalo pumps aboard any specific ship, and the R&R recommended granting the movant's summary judgment - a merits-level negative for that defendant, not affirmative exposure evidence. Adoption/final disposition not traced.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-04
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[5]Ward v. Norfolk Shipbuilding and Drydock Corp., 770 F. Supp. 1118 (E.D. Va. 1991) [court_record]
- Locator
- Opinion at 1119-1120 (Facts section)
- Finding type
- litigation_documented
- Finding
- Federal court record confirms a Navy repair contract executed aboard this hull: 'The United States Navy entered into a contract with Norshipco to conduct repairs upon the USS L.Y. Spear'; subcontractor and temporary-service workers performed a tank cleaning job aboard; plaintiff Ward was injured when a Norshipco welder 'dropped fire' near his work area. LHWCA/admiralty negligence suit - summary judgment denied.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- c. 1990-1991 (injury); 1991 (opinion)
- Population
- Shipyard contractor and temporary workers aboard during repair availability
- Limitations
- NON-ASBESTOS litigation (burn/fall injury); classified 'other litigation' in the sweep. Establishes contractor repair work aboard the hull circa 1990-91 but says nothing about materials present. Repair work of this era characteristically disturbed insulation, but that is inference, not record.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-05
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[6]Department of the Navy, Operation and Maintenance, Navy 2B2G Ship Activations/Inactivations, FY2006/FY2007 Budget Estimates, Exhibit OP-5 (association-hosted copy of the official secnav.navy.mil budget exhibit) [other_primary]
- Locator
- Exhibit OP-5, Part III.C 'Reconciliation of Increases and Decreases' item iii; Part I program description
- Finding type
- environmental_record
- Finding
- Official Navy budget exhibit names this hull in the nuclear ship inactivation/disposal program: 'Funding for the advance planning of the decontamination of L.Y. SPEAR (AS 36) submarine tender in the Submarine Inactivations/Disposals program.' Program scope includes 'environmental abatement of hazardous materials onboard stricken inactive ships' and 'decontamination (DECON) of nuclear support facilities on submarine (AS) and surface (AD) tenders.'
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- FY2006 budget cycle (ship stricken 1999)
- Population
- Inactive-ship maintenance and disposal workforce
- Limitations
- The named decontamination is radiological (nuclear support facilities used in tending nuclear-powered submarines), not an asbestos statement - but it is a ship-specific federal record that this stricken hull carried a regulated hazardous facility requiring federal decontamination before disposal. Asbestos content is neither stated nor excluded. Copy is a Google-cached HTML render of the official FY06 president's-budget exhibit hosted by the ship association; original secnav.navy.mil URL noted in the document header.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-06
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[7]Naval Sea Systems Command, Ship Disposal Program: Dismantling Listing (Dec. 5, 2011) (Wayback capture 2012-10-01) [other_primary]
- Locator
- Dismantling listing table, 'Year 2011' section
- Finding type
- vessel_history
- Finding
- Official NAVSEA dismantling listing records ex-LY SPEAR (AS 36), contractor ESCO, dismantling completion date 7/14/2011 - final disposition of this hull under the Navy's ship disposal program after sale to ESCO Marine, Brownsville, TX (contract awarded July 9, 2010).
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- 2010-2011
- Population
- ESCO Marine shipbreaking workers, Brownsville, TX (2010-2011)
- Limitations
- Documents the dismantling event only - the listing contains no asbestos, abatement, or hazmat detail. Dismantling of a 1966-70 steam-plant vessel under the federal disposal program entails regulated hazardous-material remediation, but the asbestos scope for this hull is not stated in the record. Live NAVSEA page retired; cited via Wayback.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-07
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[8]Shipscribe (Stephen S. Roberts), USS L Y Spear (AS 36) class file, compiled from NARA RG 19 Entry P 26 (Boxes 23-24, SCB Project 702.65 design files) [other_primary]
- Locator
- Class notes and ship notes, AS-36; special source NARA RG 19 Entry P 26 Boxes 23-24
- Finding type
- asbestos_application
- Finding
- Design and machinery record: SCB Project 702.65 was the first postwar tender designed to support nuclear submarines other than Polaris boats, reusing AS-33-class hull and machinery - steam turbines with 2 boilers (650 psi), single screw, 20,000 shp, built at General Dynamics Quincy 1966-1970. Navy steam plants of this construction era were specified with asbestos-containing thermal insulation, lagging, gaskets, and packing; a submarine tender additionally carried shipyard-grade repair facilities (shops) serving submarines alongside.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-26
- Study period
- 1963-1970 (design/build)
- Population
- Construction trades (Quincy 1966-70); crew and embarked repair staff; tended submarine crews
- Limitations
- Era/design-level documentation, not a hull asbestos record: no insulation schedule, material spec, or survey for AS-36 was located; asbestos presence aboard this hull is inference from documented machinery, mission, and construction era (1966-1970, before the Navy's mid-1970s insulation phase-out). Secondary compilation citing NARA primary files - the underlying SCB records are the archival lead.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-08
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[9]GAO, Navy Efforts To Protect Workers From Asbestos Exposure, HRD-80-2 (Oct 18, 1979) [gao]
- Locator
- GAO product page HRD-80-2 (full text blocked, HTTP 403)
- Finding type
- gov_survey
- Finding
- GAO documented the Navy's asbestos-protection program and insulation-removal policies during this vessel's active era (fieldwork included Norfolk Naval Shipyard - the yard where Cardaro's alleged Spear exposure occurred and where the ship was later berthed inactive 1999-2010).
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-26
- Study period
- 1979
- Population
- Navy shipyard workers; asbestos program review
- Limitations
- Program-level documentation, not hull-specific; establishes the regulatory context in which the ship's documented yard availabilities occurred, not what was aboard or removed from this hull. Full text not retrieved (gao.gov blocks automated fetch, HTTP 403 - standing issue since batch-01); content via product-page description.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-09
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[10]U.S. obsolete-vessel sales contract form (executed copy for ex-USS Sperry AS-12, ESCO Marine, same buyer and disposal program as AS-36; hosted by tendertale.com) [other_primary]
- Locator
- Contract Article XXI(4) Asbestos; Article XXII disclaimers; performance-schedule asbestos-abatement line items
- Finding type
- environmental_record
- Finding
- The government's obsolete-vessel sale contract used for this disposal pathway allocates asbestos responsibility to the buyer: 'The Buyer hereby acknowledges and accepts responsibility for asbestos found on the Obsolete Vessel, including but not limited to pipes, ducts, boilers, tanks, reactors, turbines, furnaces, structural members,' requires asbestos abatement liability insurance, manifest copies to the government, and compliance with 40 C.F.R. Part 61 Subpart M - the regulatory framework under which ex-LY Spear was dismantled at the same contractor's yard.
- Verification
- verified
- Role
- context
- Documentation level
- context_only
- Accessed
- 2026-09-26
- Study period
- c. 2011 (companion sale; AS-36 sale July 9, 2010)
- Population
- Shipbreaking workforce under contract
- Limitations
- The located executed copy covers a DIFFERENT hull (ex-Sperry AS-12) - AS-36's own sale contract was not located in public sources and identical terms are inferred from program practice, not verified. Documents the disposal pathway's asbestos expectations, not the actual ACM inventory aboard AS-36.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-10
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[11]NavSource service-ship photo index for USS L. Y. Spear (AS-36) - US Navy photographs with official captions (several credited to US National Archives RG 330), plus USS L. Y. Spear Association chronology compiled from official Navy sources and deck logs [other_primary]
- Locator
- NavSource AS-36 photo index captions; usslyspear.org/Chronology.htm
- Finding type
- vessel_history
- Finding
- Documented service and availability windows bearing on maintenance-disturbance exposure pathways: shakedown to Guantanamo Bay (1970); collision with M/T Zephyros, lower Mississippi River (Feb 22, 1978; NTSB MAR-79-06); first Navy enlisted women assigned FY1979; Diego Garcia deployment (Mar-Aug 1980); overhaul and modification at Norfolk Dry Dock Co. photographed April 1982; NorShipCo overhaul Sep 1986-Jun 1987; Persian Gulf deployment in support of Operation Desert Storm (Jul-Dec 1991); ship's divers assisted TWA Flight 800 recovery (Jul-Aug 1996); decommissioned Sep 6, 1996.
- Verification
- partial
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- 1970-1996
- Population
- Crew; shipyard workers during documented availabilities
- Limitations
- Secondary compilation: NavSource hosts US Navy/NARA photographs with official captions; the association chronology cites official Navy sources and crew submissions - individual events are documented but the chronology itself is not an official publication. Establishes where and when the hull was worked on; says nothing about materials disturbed. 1982 yard is captioned 'Norfolk Dry Dock Co.' in Navy photos; the Ward court record calls the repair contractor 'Norshipco' (Norfolk Shipbuilding and Drydock Corp.) - treated as the same Norfolk private-yard complex, not independently verified.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-13
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[12]Batch-2718 search ledger (this record): NHHC/DANFS, NVR, NAVSEA disposal records, DoN FY06 OP-5 exhibit, CourtListener opinion/docket sweeps, OSHA enforcement data for the dismantling contractor, NARA catalog attempt [other_primary]
- Locator
- search_ledger rows sl-uss-l-y-spear-as36-01 through -12
- Finding type
- historical_record
- Finding
- No ship-specific asbestos documentation located beyond litigation allegations: no asbestos survey, abatement contract, insulation schedule, hazmat inventory, or adjudicated exposure finding naming this hull was found in the public sources searched (see search_ledger). Crew-forum statements that 'the ship removed all existing Asbestos' during a circa-1979-1982 Norfolk-area availability could not be verified against any official record.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- 2026-09-26
- Limitations
- Absence of a located public record does not prove absence of asbestos aboard - a 1966-70 steam tender is era-consistent with extensive ACM, and the disposal contract pathway presumes it. Does not establish that asbestos is or is not present, and does not establish or defeat any claim of exposure or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-11
-
[13]CourtListener API v4 sweeps: "L. Y. Spear" (opinions), "L. Y. Spear" asbestos (opinions), "L. Y. Spear" (dockets/RECAP), "AS-36" (opinions); plus Cardaro v. Aerojet opinion index [court_record]
- Locator
- search_ledger rows sl-uss-l-y-spear-as36-05 through -09
- Finding type
- litigation_documented
- Finding
- Sweep result: two qualifying asbestos matters naming the vessel - Cardaro (MDL-875 No. 2:11-66763; FW boiler-insulation allegation aboard, MSJ denied July 27, 2012) and Hickman (D. Del. 16-308; deposition-stage tender-service testimony, R&R recommending SJ grant for movant July 15, 2019). The MDL-875 master docket itself matched the ship-name query. Other litigation: Cole v. Spear, 747 F.2d 217 (4th Cir. 1984) - conscientious-objector discharge case naming the ship's commanding officer; Ward v. Norfolk Shipbuilding, 770 F. Supp. 1118 - non-asbestos shipboard injury. Name collisions: United States v. White, 46 M.J. 529 (1997); United States v. Taylor, 61 M.J. 157 (2005) - military-justice opinions, no asbestos. No adjudicated finding of asbestos exposure aboard this hull was located in any opinion.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-26
- Study period
- 2026-09-26
- Limitations
- Search coverage: exact-name and hull-number queries across opinion and RECAP docket indexes, 2026-09-26. RECAP coverage is incomplete by nature - district-court complaints that never produced a crawled document would not appear; Virginia state dockets (Norfolk-area plaintiff filings) are not in RECAP. The MDL-875 docket match reflects corpus indexing, not a separate case.
- Atlas source
- true
- Evidence ID
- ev-uss-l-y-spear-as36-12