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

Cloutier (P) was employed by A&P (D) from 1939 until 1977. He progressed from a clerk to a store manager and was an exemplary employee who received several awards and commendations including raises. P was assigned to be the manager of a new store, that required police protection for store deposits in the local bank. D notified P that police protection would no longer be afforded. The store monies were to be locked in a store safe if any of the two daily required deposits could not be made if store employees were afraid to go to the bank at night or on any weekend. The store was broken into seven days after police escorts were discontinued and $30,000 was taken. P was discharged for violation of company procedures. P sued and was awarded $92,000. D appealed.

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