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It was a cheap shot hit, blind side, unprotected, shoulder, elbow... whatever. There is a rule 21(i) that covers intent to injure and lists it as a match penalty. By going after the head of a player not in a position to see the check coming and able to defend, instead of taking the easily available full body check... I don't see how that can be seen as anything but intent to injure.
If that had been Thornton on Crosby the NHL would be nailing the cross together for the crucifixion
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