Evidence
9 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-9).
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[1]research packet ev-packet.md (2 sources cited) [nhhc_danfs]
- Finding type
- vessel_history
- Finding
- Identity packet verdict: VERIFIED
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Evidence ID
- uss-nicholas-dd449-pkt-ev-packet-md
-
[2]In re Asbestos Litig. (Hickman v. CBS Corp.), No. 16-308-LPS-SRF, 2019 WL 3082196 (D. Del. July 15, 2019) (Report and Recommendation, Fallon, M.J.), report and recommendation adopted sub nom. Hickman v. CBS Corp., No. 16-308-LPS-SRF, 2019 WL 4670873 (D. Del. Aug. 19, 2019) [court_record]
- Locator
- R&R pp.3-4 (facts: Nicholas assignment and asbestos-removal testimony), pp.8-12 (product-identification analysis, NARA ship-records discussion); adoption order 2019 WL 4670873
- Finding type
- litigation_documented
- Finding
- Merits-stage federal asbestos record naming this hull: in the District of Delaware asbestos docket, the magistrate judge's report and recommendation recites that decedent Gerald L. Hickman joined the Navy in 1963, went to Hawaii in January 1964, and 'spent approximately eighteen months in Hawaii, where he was assigned to the USS Nicholas, a destroyer,' entering as a fireman apprentice and becoming a fireman; 'As a fireman, Mr. Hickman worked in engine rooms, removing insulation from generators and service pumps,' and 'testified that he removed asbestos from pumps in the engine room on the USS Nicholas,' though he could not identify which pumps or their manufacturer. The court recommended granting summary judgment for defendant Air & Liquid Systems Corp. (successor-by-merger to Buffalo Pumps, Inc.) because plaintiff could not place Buffalo pumps aboard any specific ship and proffered National Archives ship records and Buffalo service manuals were unauthenticated/insufficient to show substantial-factor causation. Hull attribution: the only commissioned USS Nicholas during Hickman's 1964-65 Pearl Harbor service was DD-449 (FFG-47 commissioned 1984). The R&R was adopted August 19, 2019 - an adjudicated defense outcome, not an exposure finding.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1964-1965 (alleged exposure); 2016-2019 (litigation)
- Population
- Estate of Gerald L. Hickman (USN fireman/engineman aboard USS Nicholas c.1964-1965, asbestosis and asbestos-related pleural disease)
- Limitations
- The asbestos-removal description is the plaintiff-decedent's own deposition testimony recited in the R&R - never tried to a finding; the court granted summary judgment to the moving defendant on product-identification grounds, a merits-level negative for this plaintiff as to Air & Liquid. The opinion does not adjudicate that asbestos was aboard DD-449; it establishes that a litigant testified to removing asbestos-containing insulation in her engine rooms circa 1964-65 and that plaintiffs proffered (unauthenticated) NARA-derived records claiming Buffalo pumps aboard DD-class ships 'such as the USS Nicholas.' Does not quantify or locate asbestos aboard, does not establish causation for any individual, and does not speak to legal eligibility. Hickman's own service also spanned USS Impervious, USS Endurance, USS L.Y. Spear, USS Lasalle, USS Opportune, USS Grapple, and Philadelphia Naval Base - multi-ship exposure history.
- Atlas source
- true
- Evidence ID
- ev-uss-nicholas-dd449-01
-
[3]DANFS, Nicholas II (DD-449) (namesake biographical note, specifications block, service narrative; verbatim HyperWar/ibiblio transcription - live NHHC page serves 404) [nhhc_danfs]
- Locator
- DANFS entry, specifications block + service narrative (through Apollo-era 1968)
- Finding type
- vessel_history
- Finding
- DANFS record for this hull: laid down 3 March 1941 by Bath Iron Works Corp., Bath, Maine; launched 19 February 1942, sponsored by Mrs. Edward B. Tryon (descendant of Maj. Samuel Nicholas); commissioned 4 June 1942, Lt. Comdr. W. D. Brown; DesRon 21 flagship; Guadalcanal convoy escort and 'Cactus Striking Force' bombardments (1942-43); Battle of Kula Gulf 6 July 1943 - rescued 291 Helena (CL-50) survivors while engaging Japanese ships, later awarded the Presidential Unit Citation; Battle of Kolombangara 12-13 July; Horaniu action 18 August; Kwajalein/Wotje raids; San Francisco overhaul from 15 December 1943; 7th Fleet New Guinea operations 1944; sank a Japanese submarine by depth-charge attack 12 November 1944 (DANFS reads 'I-58' - a documented error, the sinking was I-38, since I-58 survived to sink USS Indianapolis in July 1945); Leyte, Lingayen, Zamboanga, Tarakan operations; screened fast carriers for Tokyo-area strikes to 15 August 1945; transported Allied representatives to the Missouri surrender ceremony 2 September 1945; decommissioned 12 June 1946 at San Pedro; reclassified DDE-449 26 March 1949; conversion begun November 1950; recommissioned 19 February 1951; Korea deployments 1951-53 (TF 77 screen, east-coast gunline under CTF 95, Taiwan Strait); Operation Castle atomic tests 1954; modernized December 1959-July 1960; reclassified DD-449 1 July 1962; Vietnam service from 1965 - among the first Market Time patrol ships, Yankee Station, Operation Deck House V; Apollo capsule-recovery area support October and December 1968. 'Nicholas earned 16 battle stars in World War II; 5 in the Korean Conflict.' Spec block: dp. 2,050; 376'6" x 39'8"; s. 37 k.; cpl. 319; cl. Fletcher.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1941-1970
- Population
- Bath Iron Works construction trades 1941-42; wartime crew (design complement 273-319); postwar crew to 1970
- Limitations
- DANFS documents service history and specifications, not materials or asbestos content. The 'I-58' submarine identification is a documented error (I-58 sank Indianapolis 30 July 1945); the submarine sunk 12 November 1944 was I-38 per NavSource/contemporary records. The entry predates the ship's 1970 decommissioning, so striking and disposal are absent. Complement 319 (spec block) conflicts with NavSource/class-design 273. Mirror transcription cited because the live NHHC page returns 404.
- Atlas source
- true
- Evidence ID
- ev-uss-nicholas-dd449-02
-
[4]NavSource Naval History, USS Nicholas (DD-449/DDE-449) ship page - operational and building data block (compiled from official ship data; volunteer-maintained archive) [other_primary]
- Locator
- NavSource DD-449 page, 'Operational and Building Data' + 'Fate' blocks; PUC text reproduction
- Finding type
- vessel_history
- Finding
- NavSource ship data block for this hull: laid down at Bath Iron Works, Bath, ME, 3 March 1941; launched 19 February 1942; commissioned 4 June 1942; decommissioned 12 June 1946; reclassified DDE-449 26 March 1949; recommissioned 19 February 1951; FRAM upgrade completed July 1960; reverted to DD-449 30 June 1962 (one day earlier than DANFS's 1 July 1962 - conflict carried in gaps); decommissioned and stricken 30 January 1970; sold 9 September 1970 to Zidell Explorations, Portland, OR, for $85,333.32; removed from Navy custody 2 November 1970. Machinery per NavSource: Westinghouse turbines, 2 screws, 60,000 shp (class design per BuShips data reads General Electric - conflict carried in gaps); crew 273. Also reproduces the Presidential Unit Citation text for the Kula Gulf action of 5-6 July 1943.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1941-1972
- Population
- Crew (NavSource figure 273); scrapping workers at Zidell Explorations, Portland, OR, 1970-72
- Limitations
- NavSource is a volunteer-maintained compilation of official data - treated as a secondary transcription source, not a primary document; dates consistent with DANFS where overlapping. Documents disposition and configuration, not materials or asbestos content.
- Atlas source
- true
- Evidence ID
- ev-uss-nicholas-dd449-03
-
[5]Destroyer History Foundation, USS Nicholas (DD-449) ship pages (built from DANFS, command histories, cruise books, and NHHC photo holdings) [other_primary]
- Locator
- destroyerhistory.org/fletcherclass/ussnicholas/ - 'The Nick' narrative and 'Specifications/Historical Data' pages
- Finding type
- vessel_history
- Finding
- Destroyer History Foundation record for this hull: authorized 1938, ordered 1940; built side-by-side with sister O'Bannon at Bath Iron Works - the first two of 175 Fletcher-class hulls laid down; commissioned at Boston Navy Yard 4 June 1942; sole wartime stateside refit at Mare Island Navy Yard December 1943-January 1944; converted to escort destroyer (DDE) and recommissioned 1951; FRAM II conversion at Pearl Harbor December 1959-July 1960 - one of only three Fletchers (with Radford and Jenkins) to receive FRAM II; Navy's oldest active destroyer through the 1960s; decommissioned at Pearl Harbor 30 January 1970 alongside O'Bannon; towed to Portland, Oregon and broken up 1972; an estimated 4,000 officers and men served aboard over the ~28-year career.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 1941-1972
- Population
- Pearl Harbor Naval Shipyard workers, FRAM II conversion 1959-60; Mare Island Navy Yard workers, Dec 1943-Jan 1944 refit; crew (est. 4,000 served over career)
- Limitations
- Foundation-compiled history from official records - secondary compilation, not itself a primary document; consistent with DANFS/NavSource on dates. Documents yard events and timeline, not materials or asbestos content; FRAM II at Pearl Harbor locates a major overhaul window but its asbestos scope is inference only.
- Atlas source
- true
- Evidence ID
- ev-uss-nicholas-dd449-04
-
[6]DANFS specifications block (Fletcher class; 37 kt) + Atlas shipyard dataset, Bath Iron Works record (era industrial-hygiene study of pipe-covering shop dust risk) + class profile for Fletcher class (research/class-profiles-c) + NARA RG19 General Information Books archival lead [other_primary]
- Locator
- DANFS spec block; shipyards.json record 'bath-iron-works'; fletcher-class.class.json; NARA RG19 lead
- Finding type
- asbestos_application
- Finding
- Era/yard inference: a WWII Fletcher-class destroyer built 1941-42 with a four-boiler/60,000-shp steam plant would have carried period-standard asbestos boiler and steam-line insulation, turbine lagging, gaskets, packing, fireproofing, and deck coverings; builder Bath Iron Works is documented at yard level in the Atlas dataset including a 1942-era industrial-hygiene study of pipe-covering shop dust risk (per the Atlas bath-iron-works record); the Fletcher class profile documents identical machinery plant across all 175 hulls. The ship's three major yard events (Mare Island refit 1943-44, DDE conversion 1950-51, FRAM II at Pearl Harbor 1959-60) are documented overhaul windows when insulation rip-out and replacement were standard practice; NARA RG19 'General Information Books' per-vessel material specifications are an unretrieved archival lead for hull-level specs.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-27
- Study period
- 1941-1970
- Population
- Bath Iron Works construction trades 1941-42; yard workers at Mare Island (1943-44) and Pearl Harbor NSY (1959-60); crew 1942-1970
- Limitations
- Class/era and builder-yard inference only - NOT a hull-specific finding. The only ship-specific asbestos record is ev-01 (Hickman deposition testimony); this row adds context, not an independent ship-specific finding. Yard-event asbestos scope is inference; NARA GIB retrieval not performed.
- Atlas source
- true
- Evidence ID
- ev-uss-nicholas-dd449-05
-
[7]GAO, Navy Efforts To Protect Workers From Asbestos Exposure, HRD-80-2 (Oct 18, 1979) [gao]
- Locator
- GAO product page HRD-80-2
- Finding type
- gov_survey
- Finding
- GAO documented that the Navy used asbestos insulation extensively aboard ships and did not begin substituting alternative insulation materials until the early 1970s - placing DD-449's construction (1941-42) and entire commissioned service (1942-1970, including the 1959-60 FRAM II conversion) inside the documented asbestos-use era.
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-27
- Study period
- 1979
- Population
- Navy shipyard workers; asbestos program review
- Limitations
- Program-level documentation; supports era context only, not any fact specific to this hull. Full report text not retrieved (gao.gov blocks automated fetch, HTTP 403) - content via product-page description.
- Atlas source
- true
- Evidence ID
- ev-uss-nicholas-dd449-06
-
[8]CourtListener API v4 opinion search, "USS Nicholas" (type=o), 2026-09-27 - 6 results, all classified non-qualifying for this hull [court_record]
- Locator
- CourtListener API v4 search q="USS Nicholas" type=o, 6 results enumerated
- Finding type
- litigation_documented
- Finding
- CourtListener opinion-index sweep for 'USS Nicholas' returned 6 hits, all classified non-qualifying for DD-449: five are the Somali-piracy prosecutions United States v. Hasan (E.D. Va. 2010, two opinions), United States v. Dire (4th Cir. 2012), United States v. Mohamed Said (4th Cir. 2015), and Umar v. United States (E.D. Va. 2015) - those cases name USS Nicholas as the vessel attacked by pirates off Somalia in April 2010, which was the Oliver Hazard Perry-class frigate FFG-47 (in commission 1984-2014), a name collision; the sixth, Marine Hydraulics Int'l v. United States (Fed. Cl. 1999), is a ship-repair contract dispute, not asbestos litigation. No asbestos opinion naming this hull was located in the opinion index; the qualifying Hickman record (ev-01) was found via independent web search of the official D. Del. opinion repository and is not in the CourtListener opinion index for the ship name.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 2026-09-27
- Limitations
- Opinion-index coverage is not complete (the Hickman R&R itself is absent from it); name collision with FFG-47 is resolved here, but docket-level (type=r) and hull-number ("DD-449") sweeps were quota-limited at session end - completeness caveat carried in gaps. Absence of additional hits does not prove absence of other litigation naming the hull.
- Atlas source
- true
- Evidence ID
- ev-uss-nicholas-dd449-07
-
[9]Batch-3433 search ledger (this record): DANFS mirror; NavSource; destroyerhistory.org; official D. Del. opinion repository (Hickman R&R full text + opinion landing page); CourtListener API v4 (partial - fleet quota pacing); USS Nicholas Veterans Association site; NARA RG19 (not digitized); law-firm/competitor ship pages (excluded per sourcing rules) [other_primary]
- Locator
- search_ledger rows sl-uss-nicholas-dd449-01 through sl-uss-nicholas-dd449-12
- Finding type
- historical_record
- Finding
- No hull-specific asbestos survey, abatement record, materials inventory, or hazmat disclosure located for DD-449 in the public sources searched (see search_ledger). The ship was stricken and sold for scrap in 1970 and broken up by 1972 - before modern asbestos documentation practice - and never became a museum, so the museum-disclosure channel that produced ship-specific records for preserved hulls (e.g., sister-class USS Kidd, USS Laffey) does not exist here. The single litigation record naming the hull (Hickman) recites asbestos insulation removal in deposition testimony but resolved in adopted defense summary judgment; no affirmative adjudicated exposure finding located.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-27
- Study period
- 2026-09-27
- Limitations
- Absence of a located public record does not prove absence of asbestos aboard - era-standard applications are documented at class/era level and the Hickman deposition recites asbestos-containing insulation aboard. The hull no longer exists, so present-day ACM status is moot.
- Atlas source
- true
- Evidence ID
- ev-uss-nicholas-dd449-08