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A motion to dismiss the case against the acquisition of Mac Farms of Hawaii by Mauna Loa Macadamia Nut Corp. has been denied.
Circuit Judge Ronald Ibarra, at a hearing in Kona on Wednesday, said he wasn't prepared to dismiss the claim yet. But he told the plaintiff, ML Macadamia Orchards, the largest supplier of nuts to Mauna Loa, it will have to substantiate its claim that it would be injured by the acquisition.
"They [ML Macadamia Orchards] talk about potential or future harm, they can't show actual injury," said Margery Bronster, the attorney for Mauna Loa.
Last week, Bronster succeeded in arguing that Judge Greg Nakamura of the Hilo Circuit Court shouldn't hear the case.
"The plaintiffs engaged in improper judge shopping," she said.
The...