Evidence
7 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-7).
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[1]Giacobbe v. Celotex Corp., 629 F. Supp. 827, Civ. A. No. 83-2276 (E.D. Pa. 1985-12-02, Broderick, J.) - memorandum on Owens-Illinois's statute-of-limitations summary-judgment motion [court_record]
- Locator
- Opinion 'material facts' recital (exposure history) and holding paragraphs; listed at https://www.courtlistener.com/c/f-supp/629/ (Vol. 629 F. Supp., filed 1985-12-02, docket 83-2276)
- Finding type
- litigation_documented
- Finding
- District-court opinion recites, as material facts 'concerning which there are no genuine issues,' that Mr. Giacobbe served in the U.S. Navy 1943-1946 'as a damage control man, shipfitter, hull technician and general maintenance man aboard the USS Cabot' - this physical hull (laid down as CL-79 Wilmington; commissioned CVL-28 Cabot) - and that 'as part of his job, he took pipecovering off pipes, repaired the pipes, ripped off gaskets, and replaced the pipecovering with a temporary insulation'; diagnosed with asbestosis February 1983. Disposition: summary judgment granted to Owens-Illinois only as to the distinct Brooklyn Navy Yard exposure period (New York borrowing statute); the shipboard period was not the time-barred portion.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- 1943-1946 (exposure); 1983-1985 (litigation)
- Population
- Navy damage control man / shipfitter / hull technician aboard CVL-28, 1943-46; asbestosis
- Limitations
- Summary-judgment-stage merits ruling on statute-of-limitations grounds - exposure recitals are undisputed facts for SJ purposes, not a jury or trial finding, and the suit named a product manufacturer, not the ship. Documents shipboard asbestos-material work aboard this hull as then constituted (CVL-28); does not identify the insulation manufacturer aboard, quantify material, establish causation for any other individual, or address present-day conditions. Cited via the CourtListener F. Supp. volume page; direct opinion-URL resolution deferred (API throttled this session).
- Atlas source
- true
- Evidence ID
- ev-uss-wilmington-cl79-01
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[2]DANFS, Cabot II (CVL-28), Vol. 1 - documents the hull 'laid down as Wilmington (CL-79)', redesignated CV-28 1942-06-02, renamed Cabot 1942-06-23, converted while building, launched 1943-04-04 by New York Shipbuilding Co., Camden; reclassified CVL-28 1943-07-15; commissioned 1943-07-24 (verbatim transcription - live NHHC page serves 404) [nhhc_danfs]
- Locator
- DANFS entry, opening paragraph + service narrative
- Finding type
- vessel_history
- Finding
- DANFS record for this hull: ordered/laid down as Cleveland-class light cruiser Wilmington (CL-79); redesignated CV-28 on 2 June 1942 and renamed Cabot 23 June 1942; converted while building and launched 4 April 1943 at New York Shipbuilding, Camden; reclassified CVL-28 15 July 1943; commissioned 24 July 1943; TF 58 service (Marshalls, Palaus, Hollandia, Truk, Philippine Sea, Leyte Gulf); kamikaze crash 25 November 1944 with heavy casualties; Presidential Unit Citation and nine battle stars; out of commission in reserve at Philadelphia 11 February 1947; recommissioned 27 October 1948 for Naval Air Reserve training; out of commission in reserve 21 January 1955; reclassified AVT-3 15 May 1959.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- 1942-1959
- Population
- Construction/conversion trades 1942-43; crew 1943-55 (as Cabot)
- Limitations
- DANFS documents the CL-79-to-CVL-28 identity chain and service history, not materials or asbestos content; omits the laid-down date and post-1959 disposition (loan/sale to Spain, museum attempt, scrapping). Mirror transcription cited because the live NHHC page returns 404.
- Atlas source
- true
- Evidence ID
- ev-uss-wilmington-cl79-02
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[3]NavSource Online, Aircraft Carrier Photo Archive, USS Cabot (CVL-28/AVT-3) page - operational/building data (volunteer-transcribed official data; accessed via navsource.net mirror - .org host unresolvable this session) [other_primary]
- Locator
- Operational and Building Data block + Fate section
- Finding type
- vessel_history
- Finding
- NavSource building/disposal data for this hull: contract awarded to New York Shipbuilding Corp., Camden; laid down 16 March 1942 (as CL-79 Wilmington); reordered as carrier and redesignated CV-28 2 June 1942; renamed Cabot 23 June 1942; launched 4 April 1943; CVL-28 15 July 1943; commissioned 24 July 1943; decommissioned to reserve 11 February 1947; recommissioned 27 October 1948; ASW modernization March 1950-February 1951; decommissioned 21 January 1955; AVT-3 15 May 1959; overhauled at Philadelphia Naval Shipyard 1965-67 in preparation for transfer to Spain; loaned to Spain as Dedalo, commissioned 30 August 1967, designated PH-01; stricken from U.S. NVR 1 August 1972; sold to Spain 5 December 1972; redesignated PA-01 28 September 1976; stricken from Spanish Navy List 5 August 1989 at New Orleans and donated to a private museum foundation; sold for scrapping 1997 and towed to Port Isabel, TX; stripping work began October 2000; as of mid-2002 scrapping was under way.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- 1942-2002
- Population
- Construction trades 1942-43; PNSY overhaul workers 1965-67; scrapping workers 1997-2002
- Limitations
- Volunteer-compiled official data used to fill dates DANFS omits (keel date, designation changes, foreign-service and disposal detail); no asbestos, hazmat, or materials content on the page. Spanish-service and scrapping rows describe the same physical hull under later names.
- Atlas source
- true
- Evidence ID
- ev-uss-wilmington-cl79-03
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[4]United States v. Ex-USS Cabot/Dedalo, No. 00-41358 (5th Cir. 2002-07-01, Wiener, J.); related final judgment distributing sale proceeds, 179 F. Supp. 2d 697 (S.D. Tex. 2000, Civ.A. No. B-99-072) [court_record]
- Locator
- 5th Cir. opinion Parts I (Facts and Proceedings); S.D. Tex. final judgment 179 F.Supp.2d 697
- Finding type
- vessel_history
- Finding
- Non-asbestos admiralty litigation documenting this hull's final disposition: the ex-Cabot was acquired 1989 by the U.S.S. Cabot/Dedalo Museum Foundation for a New Orleans museum; moored at the Press Street Wharf; the Coast Guard Captain of the Port ordered her moved in 1996 as unsafe, removed chemical drums and some oil, and later assumed response duties under FWPCA authority; after a 1997 allision the vessel was shifted to Violet, LA, then made a dead-ship move to Port Isabel, TX (October 1997); the Foundation went bankrupt and the hull was sold; ensuing salvage-lien litigation reached the 5th Circuit, which reversed the government's lien priority (2002).
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- 1989-2002
- Population
- Museum foundation staff/contractors 1989-1997; Coast Guard response personnel 1996-97; scrapping workers 2000-2002
- Limitations
- Admiralty/salvage-lien litigation only - NOT an asbestos finding; documents disposition chain and Coast Guard hazmat response (chemical drums and oil removal, not characterized as asbestos). Confirms the hull passed through an unmanaged museum-custody period before judicial sale and scrapping.
- Atlas source
- true
- Evidence ID
- ev-uss-wilmington-cl79-04
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[5]U.S. Navy, Bureau of Ships Technical Manual, NAVSHIPS 250-000, Chapter 39 'Thermal Insulation' (1960, page date 15 April 1959) + Atlas shipyard dataset record 'new-york-shipbuilding' (documented asbestos litigation/product use at the builder yard) [other_primary]
- Locator
- BuShips TM ch.39 sections 39-11 through 39-13; shipyards.json 'new-york-shipbuilding'
- Finding type
- asbestos_application
- Finding
- Era inference: a Cleveland-design hull converted on the ways and completed 1943 at New York Shipbuilding, Camden, with a ~100,000-shp GE geared-turbine/4-boiler steam plant, sits squarely in the documented Navy asbestos-insulation era; the 1960 BuShips Technical Manual insulation chapter enumerates the era-standard suite (MIL-P-2781 pipe covering incl. 85% magnesia ~15% asbestos and amosite classes; asbestos felt MIL-I-15091; chrysotile cloth/tape SS-C-466; asbestos millboard HH-M-351; finishing cement; molded block). The builder yard is documented in the Atlas shipyard dataset with asbestos litigation and product-use records.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-18
- Study period
- 1942-1955
- Population
- NY Shipbuilding construction/conversion trades 1942-43; crew 1943-55
- Limitations
- Class/era and builder-yard inference only - the ship-specific evidence for this hull is the Giacobbe row (ev-01); this row must not be read as an independent ship-specific finding. The 1960 manual postdates construction and describes specification families, not this hull's bill of materials; does not quantify material aboard.
- Atlas source
- true
- Evidence ID
- ev-uss-wilmington-cl79-05
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[6]DANFS name entry, Wilmington (CL-111) - 'Fargo-class light cruiser Wilmington (CL-111) was laid down on 5 March 1945 at Philadelphia, Pa., by William Cramp and Sons. However, construction of the warship was suspended on 12 August 1945 and her unfinished hulk was subsequently scrapped.' [nhhc_danfs]
- Locator
- DANFS cl111 entry (verbatim HazeGray/LostHistory transcription)
- Finding type
- vessel_history
- Finding
- Name-reuse documentation: a second, distinct 'Wilmington' cruiser hull (CL-111, Fargo-class) was laid down 5 March 1945 at William Cramp & Sons, Philadelphia; construction suspended 12 August 1945 and the unfinished hulk scrapped. Neither CL-79 nor CL-111 ever commissioned as a cruiser named Wilmington - 'USS Wilmington (CL-79)' refers to the hull that completed as CVL-28 Cabot; 'USS Wilmington (CL-111)' to a never-completed Cramp hull.
- Verification
- verified
- Role
- context
- Documentation level
- context_only
- Accessed
- 2026-09-18
- Study period
- 1945
- Population
- n/a
- Limitations
- Context row for claimant disambiguation only - CL-111 is a different hull at a different yard; says nothing about this record's hull. No asbestos content.
- Atlas source
- true
- Evidence ID
- ev-uss-wilmington-cl79-06
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[7]Batch-59 search ledger (this record): NHHC DANFS; NavSource; reporter-web litigation sweep (Justia/state-court/F.Supp-indexed opinion text via web search); CourtListener API v4 (blocked - HTTP 429 daily throttle); NVR (login redirect) [other_primary]
- Locator
- search_ledger rows sl-uss-wilmington-cl79-01 through sl-uss-wilmington-cl79-07
- Finding type
- historical_record
- Finding
- No additional qualifying ship-specific asbestos record located beyond ev-01: no other qualifying asbestos litigation naming 'USS Wilmington' (in any hull sense), 'Wilmington CL-79', or 'USS Cabot' was found in the repositories searched; name collisions classified - USS Wilmington (PG-8 gunboat, renamed Dover 1941), the cancelled CL-111 Wilmington (see ev-06), and city-of-Wilmington references. Sparks v. Owens-Illinois, Inc., 32 Cal. App. 4th 461 (1995) checked and excluded - a New York Shipbuilding-era shipfitter case but the vessels named are USS Bremerton, USS Frontier and Long Beach Naval Shipyard, not this hull. No hull ACM survey, museum hazmat disclosure, or scrapping-contractor asbestos record located.
- Verification
- partial
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-18
- Study period
- 2026-09-18
- Limitations
- Absence of a located public record does not prove absence of other asbestos documentation - it establishes only that nothing further was found in the searched repositories. CourtListener API v4 was blocked by daily throttle (HTTP 429) this session, so the sweep is partial; re-run pending. Does not establish or defeat any claim of exposure or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-wilmington-cl79-07