DECEMBER 23, 15:37 EST

N.C. Judge Rules for Jilted Spouse
Associated Press

DURHAM, N.C. (AP) — A Baltimore psychiatrist has been ordered to pay $42,800 in damages to a Duke University professor for having sex with the professor's wife.

Judge Howard Manning said $40,000 of the award was to punish John C.S. Breitner, who is chairman of the department of mental hygiene at the Johns Hopkins University School of Public Health, for committing adultery with the wife of Duke professor George Gopen.

``This is North Carolina,'' Manning wrote in his decision Wednesday. ``In North Carolina, one does not engage in sexual intercourse with another person's spouse knowing that he or she is married.''

But Manning ruled against Gopen on a claim that Breitner had alienated the affections of his former wife, Gillian Einstein, and thus wrecked Gopen's marriage of more than 16 years.

Manning noted in his decision that all the parties to the lawsuit — Breitner, Gopen and Einstein — are graduates of Harvard University.

``These acts of adultery occurred in an academic atmosphere, with trappings of fine wine, romantic lunches, classical records and CDs, cerebral conversations and within an environment self-perceived as highly cultured,'' he wrote.

Despite the trappings, Manning said the adulterous conduct was ``common as pig tracks,'' a term he defined as ``low-life'' behavior.

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