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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON SPENCER J. CARTER, III Plaintiff, v. TOYOTA TSUSHO AMERICA, INC. Defendant. ** ** ) ) ) ) ) ) ) ) ) ) **

Civil Action No. 5:10-132-JMH

MEMORANDUM OPINION AND ORDER

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This matter is before the Court on a Motion for Summary Judgment [Record No. 34] filed by Defendant Toyota Tsusho America, Inc. ("TAI" or "Defendant"). Plaintiff Spencer J. Carter, III

("Carter" or "Plaintiff") responded in opposition to the motion [Record No. 43], to which Defendant filed a reply [Record No. 46]. Subsequently, Plaintiff filed a surreply [Record No. 50], for which leave was granted by the Court. Plaintiff alleges that: (1) he was terminated because he is African American in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, and also in violation of the Kentucky Civil Rights Act ("KCRA"), KRS

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