P had been married to W for 18 years and had three children. P was informed by D's wife that D and W were at a motel. P confronted D and demanded that D cease relations with W. P claimed that D did not end the relationship but proceeded to flaunt it outwardly. P claimed that this caused severe embarrassment and humiliation to P and his three children. P claimed that D acted maliciously with the intent to cause severe emotional distress. P claimed as a result of this distress he suffered loss of weight and could not sleep and loss of job efficiency and the eventual breakup of his marriage. P sued D for intentional infliction of emotional distress based on D's conduct of having an adulterous relationship with P's wife. D moved to dismiss the action as one for alienation of affection which was no longer permitted under the code. The motion to dismiss was granted. P appealed.

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