Morgan Engineering v. Cascade Oil Co

In Morgan Engineering v. Cascade Oil Co. (Nov. 11, 1982), N.D. Ohio Case No. C81-931A, the court stated as follows: "The test under D.R. 5-102(B) is conjunctive. The party seeking disqualification must show that they will call the opposing counsel as a witness and that his testimony would be prejudicial to that attorney's client. The burden of showing prejudice is on the party seeking disqualification. Testimony is 'prejudicial' if it would contradict the factual assertions otherwise made on behalf of the client."