Nov. 2, 2012 (Shareholders Foundation) -- A current investor in shares of Cascade Corporation (NYSE:CASC) filed a lawsuit in effort to block the proposed buyout of Cascade Corporation at $65 per NYSE:CASC share.
The plaintiff alleges that the defendants breached their fiduciary duties owed to NYSE:CASC investors arising out of the attempt to sell the company too cheaply to Toyota Industries.

On October 22, 2012, Toyota Industries Corporation and Cascade Corporation announced that they have entered into a definitive agreement under which Toyota Industries Corporation will acquire 100 percent of the shares of Cascade for $65 per share in cash in a transaction valued at $759 million pursuant to a tender offer.

However, the plaintiff claims that the $65offer is unfair to NYSE:CASC stockholder and undervalues the company. Indeed, Cascade Corporation’s financial performance improved significantly over the past recent years. In fact, its Total Revenue rose from $314.35 million for the 12 months period that ended on Jan. 31, 2010 to $535.77 million for the 12 months period that ended on Jan 31, 2012 and its Net Loss of $38.65 million for the 12 months period that ended on Jan. 31, 2010 turned into a Net Income of $63.05 million for the 12 months period that ended on Jan. 31, 2012. Furthermore, shares of Cascade Corporation (NYSE:CASC) grew at an exceptional growth rate. In fact, NYSE:CASC shares grew from as low as $16.62 per share in July 2009 to as high as $58.54 per share in early 2012.

In addition, so the plaintiff, the process is also unfair to NYSE:CASC investors. In fact Cascade’s President, CEO and Director Robert C. Warren, Jr. and Warren Holdings, LLC, a family-managed limited liability company, have already entered into agreements with Toyota Industries Corporation to support the transaction and to tender their shares in the tender offer that cover approximately 14% of Cascade’s outstanding shares.