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This section contains the nature of the case and procedural background.

Clodgo (P) was working as a manager of D's store in Brattleboro. During a lull between customers, P began firing staples with a staple gun at a co-worker who was sitting on a couch watching TV. The co-worker protested and after 30 or so staples were fired at him, he fired three staples back at P and hit his eye. P filed a workers' compensation claim. P won the claim and D appealed.

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