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MILLER ELEC. CONST., INC. v. DEVINE LIGHTING CO., INC.

Civ. A. No. 76-580.

421 F.Supp. 1020 (1976)

MILLER ELECTRIC CONSTRUCTION, INC., Plaintiff, v. DEVINE LIGHTING COMPANY, INC., Defendant.

United States District Court, W. D. Pennsylvania.

November 1, 1976.

Attorney(s) appearing for the Case

Maurice A. Nernberg, Nernberg & Nernberg, Pittsburgh, Pa., for plaintiff.

Arthur H. Stroyd, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for defendant.

OPINION

SNYDER, District Judge.

Disciplinary Rules 5-101 and 5-102 of the Code of Professional Responsibility1 require a lawyer to refuse employment or, if he has already accepted employment, to withdraw from the conduct of a trial when it is known or obvious that he or a member of his firm ought to testify for his client. This Court is here confronted with Defendant's Motion for Disqualification of Plaintiff's Counsel on the...

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