Exhibit 9 in Support of the Defendants' Motion for Summary Judgment

    A. 

EXHIBIT 9 IN SUPPORT OF THE DEFENDANTS’ 

MOTION FOR SUMMARY JUDGMENT 

Bibliography of Definitions of "discriminate", 
"discrimination" "segregate" and "segregation". 4 

Webster, Noah, by William G. Webster and William A. Wheeler. 
A Common-School Dictionary of the English Language. New 
York: Ivison, Blakeman, Taylor & Co. 1867. 

Discriminate. v. t. To distinguish; to separate. 
Discrimination, n. Act of discriminating. 
  

  

segregate. v. t. To separate; to set apart. 

Segregation. n. Separation from others. 
  

  

Webster's Collegiate Dictionary. Third Edition. 1922 

Discriminate. a. [L. discriminatus, p.p. of discriminare 
to divide, deriv. of discernere to discern.] 1. 
Distinguished by certain tokens; distinct. 2. Marked by or 
showing discrimination. 
--(-nat), v.t.;-nat'ed-(-nat'ed);-nat'ing. 1. To mark as 
different;differentiate. 2. To separate by discerning 
differences;distinguish.--Syn. See distinguish.--v.i. 1. 
To make a difference or distinction; distinguish. 2. 
To make a difference in treatment or favor (of one as 
compared with others). 

  

Discrimination. n. 1. Act of discriminating; a state of 
being discriminated. 2.A distinction, as in treatment; esp. 

an unfair or injurious distinction. 3.Quality of being 
discriminating; acute discernment. 4.That which 
discriminates; mark of distinction. --Syn. Penetration, 
clearness, acuteness, acumen, judgment, discernment, 
distinction. 

  

segregate a. [L.segregatus, p.p. of segregare to separate;   
se-aside + grex, gregis, flock, herd.] Set apart; separate; 

  

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select.--(-gat), v.t.;--gat'ed(-gat'ed);-gat'ing. To 
separate or cut off from others or from the main body; 
set apart. v.i. Chem., Geol., etc. To separate from 
the general mass and collect together, as in 
crystalization or solidification. 

segregation n. Act of segregating, or state of being 
segregated; also, a segregated portion or mass. 
  

Universal Dictionary of the English Language. George 
Routledge & Sons, Ltd. 1932 

discriminate vb. intrans. & trans. [l. diskri-minat; 
2. diskrimineit], fr. Lat. discrimin-at(um), P:P. type of 
discriminare, 'to divide, separate'; fig. 'to distinguish; 
to distribute, apportion', fr. discrimen, 'an intervening 
space, interval; distinction,difference; critical moment, 
turning point,crisis; danger,hazard', fr. dis- & *cri-men, 
fr. Aryan base *(s)krei-, *(s)kri-, 'to divide, separate’. 
Cp. Gk. krino, 'to separate, distinguish’ (see critic); lat. 
cernere, 'to divide, separate; to recognize, perceive’ 
(see concern, certain); Lat. cribrum, 'sieve' (see 
cribriform, riddle(111.)). The base *(s)k(e)rei-&c. is an 
expansion of the base*(s)ker-, 'to cut'. See cortex, carnal, 
scribe. A. intrans. 1. To perceive differences, distinguish 
(between): to discriminate between A and B. 2. To 
distinguish by different treatment; mark out, select, for 
special treatment; make distinctions, treat differently: to 
discriminate in favour of A, against B. B. trans. 1. To 
distinguish carefully, mark differences in: to discriminate 
A from B. 2. To serve as a distinction, distinguish: his 
great stature discriminated him from his followers. 

  

discrimination, n.[1l. diskriminashun; 2. diskrimineifen]. 
discriminate &-ion. 1. The act of discriminating. 
2. Capacity for discriminating; ability to perceive subtle 
distinctions; perception. 

  

segregate (I), vb. trans. & intrans. 1. segregat; 2. 
segrigeit]; pedantically [1. segregat; 2. sigrigeit] on 
account of Lat. se-; fr. Lat. segregat-(um), P.P. type of 
segregare, 'to set apart, separate from others', fr. se- & 
greg-, stem of grex, 'a flock'. See gre-garious. 1. trans. 
To cut off, separate from others or the main body or mass; 
to set apart, isolate. 2. intrans. To become separated from 

  

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a main body or mass, specif. (of crystals &c.) to separate 
and collect round a nucleus or line of fracture. 

segregation [l. segregashun; 2. segrigeifen], fr. Lat. 
segregation-(em). See prec. & -ion. a Act, process, of 
segregating; b state of being segregated; c segregated group 
of persons or objects &c. 

  

New Practical Dictionary of the English Language, 
Britannica World Language Dictionary. Funk & Wagnalls Co. 
1956. 

discriminate: 1. to note the differences between; observe 
a difference. 2. to set apart as different; differentiate; 
distinguish. 3. To make a distinction; treat unequally 
or unfairly. 

  

discrimination, n.l. The act or power of discriminating; 
the discernment of distinctions. 2. Differential treatment. 
3. The state or condition of being discriminated; 
distinction; sometimes, unjust distinction. 

  

segregate: 1. To place apart from others or the rest; 
isolate or make into an isolated group. 2. To separate from 
a mass and gather about nuclei or along lines of fracture, 
as in crystallization or solidification. 3. To undergo 
segregation. adj. separated or set apart from others; 
select. 

  

segregation, n.l1. The act or process of segregating; esp. 
in genetics the separation and distribution of inherited 
characters in the off-spring of cross-bred parents. 

  

Webster's New International Dictionary of the English 
Language. Second Edition. From Volumes II and IV. 1957 

discriminate, adj. [L. discriminatus, 
past part of discriminare to divide, separate, fr. 
discrimen division, distinction, decision, fr. discernere. 

See Discern; cf. criminate.] 1. Having the difference 
marked; distinguished by certain tokens; distinct. 
2. Marked by discrimination; carefully distinguishing. 
--discriminately, adv.--discriminateness, n. 

  

discriminate(-nat), v.;-nated (-nated); -id; 119); 

-3e 

  

  
 



    
  

  

-nating(-nat'ing). Transitive: 1. To serve to distinguish; 
to mark as different; to differentiate. Now rare. 2. To 
separate (like things) one from another in comprehension 
or use by discerning the minute differences. 
--,Intransitive:1l. To make a distinction; to distinguish 
accurately; as, to discriminate between fact and fancy; 

also, to use discernment. 2. To make a difference in 
treatment or favor (of one as compared with others); as, 
to discriminate in favor of one's friends; to discriminate 
against a special class. Syn. --See distinguish. 

discrimination, n. (LL. discriminatio 
the contrasting of opposite thoughts.] 1. Act of 
discriminating, or state of being discriminated. 

To make an anxious discrimination between the miracle 
absolute and providential. Trench. 

2. That which discriminates; a mark of distinction. 
3. The quality of being discriminating; faculty 
of nicely distinguishing; acute discernment. 4. A 
distinction, as in treatment; esp., an unfair or injurious 
distinction. Specif., arbitrary imposition of unequal 
tariffs for substantially the same service; a difference in 
treatment made between persons, localities, or classes of 
traffic, in respect of substantially the same service. 

A difference in rates, not based upon any corresponding 
difference in cost, constitutes a case of 
discrimination. A.T. Hadley. : 

5. The perception of a difference. 
Syn.--Discernment, penetration, distinction, acumen. 

  

segregate, adj. [L.segregatus, past part. of segregare to 
separate, fr. se- aside & grex, gregis, a flock or herd. 
See Gregarious.] Apart, or separated, from others of the 
same kind; set apart; separate; select. 

  

segregate, n. That which has segregated; specif.: a.Biol. 
An individual of a class resulting from the separation 
of characters during segregation (sense 4). b. Bot. & Zool. 
A species separated from an aggregate species. 

  

segregate, v.: seg're-gat'ed (-gat'ed; -id;119);   
segregating (-gating). Transitive: 1. To separate or cut 
off from others or from the general mass or main body; to 
set apart; to isolate; to seclude. 2. To cause to 

segregate. 

  
 



  

  

    

----,Intransitive: 1. To separate from the general mass, and 
collect together or become concentrated at a particular 
place or in a certain region, as in the process of 
crystallization or solidification; hence, to separate or 
withdraw as a group from a main body, as from a nation. 
2. Biol. To separate, as alleomorphic genes or characters, 
during meiosis. 

segregation, n. [LL. segregatio.] 1. Act of segregating, or 
state of being segregated; separation from others or from 
the general mass or main body. 2. Specif.: a Obs. Secession 
from an ecclesiastical body; schism. b. Obs. Dispersion. 
Shak. c¢ Isolation or seclusion of a particular class of 
persons, as of foreign or defective school children or of 
the colored or Oriental population of a city. 3. A 
segregated portion; formerly, a schismatic group. 4. Biol. 
The separation of allelomorphic genes or characters, 
typically during meiosis. See Mendel's Law. 5. Ceramics. The 
condition of a surface having more than four spots, 
blisters, or pinholes in any pottery square. 

  

Webster's New Twentieth Century Dictionary of the English 
Language. Second Edition. The World Publishing Company. 
1964 

discriminate, v.t.; discriminated, pt., pp.; discriminating, 
PpPr. [L. discriminatus, pp. of discriminare, to divide, 

distinguish, from discrimen, a division, distinction, 
interval, from dis-, apart, and crimen, verdict, judgment.) 
1. To distinguish; to observe the difference between; to 
select from others. 

When a prisoner first leaves his cell he is unable to 

  

  

discriminate colors or recognize faces. - Macaulay. 
2. to constitute a difference between; to differentiate. 

In outward fashion. . . discriminated from all the 
nations of the earth. - Hammond. 

discriminate, v.i. 1. to see the difference (between 
things); distinguish. 2. to make distinctions in treatment; 
show partiality (in favor of) or prejudice (against). 

discriminate, a. 1. distinguished; distinct. 2. involving 
discrimination; distinguishing carefully. 
  

discrimination, n. 1. the act of distinguishing; the act 
  

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of making or observing a difference; distinction; as, the 
discrimination between right and wrong. 2. the ability 
to make or perceive distinctions; penetration; judgment; 
perception; discernment. 

Their own desire of glory would . . . baffle their 
discrimination. - Milman. 

3. the state of being discriminated, distinguished, or 
set apart; a showing of difference or favoritism in 
treatment. 

There is a reverence to be showed them on the account 
of their discrimination from other places. 
Stillingfleet. 

that which discriminates; mark of distinction. 
Take heed of abetting any factions, or applying any 
public discriminations in matters of religion. Gauden. 

Syn.--discernment, penetration, clearness, acuteness, 
acumen, judgment, distinction. 

segregate, a. [L.segregatus, pp. Or segregare, to set apart, 
lit., to set apart from the flock; se-, apart, and grex, 
gregis, flock.] set apart from others; separate; segregated. 

segregate polygamy; in botany, a mode of inflorescence, 
when several florets included within an anthodium or a 
common calyx are furnished also with proper perianths. 

  

segregate, v.t.;segregated, pt.,pp.; segregating, ppr. 
to set apart from others or from the main mass or group; 
to isolate. 

    

segregate, v.i. 1. to separate from the main mass and 
collect together in a new body; said of crystals. 2. to 
separate from others; to be segregated. 3. in biology, 
to separate in accordance with Mendel's law; to undergo 
segregation. 

  

segregation, n. 1. a segregating or being segregated. 
2. a segregated part, group, number, etc. 3. in biology, 
the separation of allelmorphic genes or characters, as in 
meiosis. 

  

Random House Dictionary of the English Language. 1966. 

discriminate (v. diskrim e nat; adj di skrim e nit) 
v., -nated, -nating, adj. --v.i. 1. to make a distinction 
in favor of or against a person or thing on the basis of 

  

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the group, class, or category to which the person or thing 
belongs, rather than according to acutal merit: He 
discriminates against foreigners. He discriminates in 
favor of his relatives. 2. to note or observe a difference; 
distinguish accurately: to discriminate between things. 
--v.t. 3. to make or constitute a distinction in or between; 
differentiate: a mark that discriminates the original from 
the copy. 4. to note or distinguish as different: He can 
discriminate minute variaions in tone. --adj. 5. marked 
by discrimination; making nice distinctions: Discriminate 
people choose carefully. [L discriminat(us) separated, ptp. 
of discriminare. See Discriminant, -ate] 

discrimination, n. 1. the act or an instance of 
discriminating. 2. the resulting state. 3. treatment or 
consideration of, or making a distinction in favor of or 
against, a person or thing based on the group, class, or 
category to which that person or thing belongs rather than 
on individual merit; racial and religious intolerance and 
discrimination. 4. the power of making fine distinctions; 
discriminating judgment: She chose her colors with great 
discrimination. 5. Archaic. something that serves to 
differentiate. [L discrimina-tion-(s. of discriminatio) 
a distinguishing. 

  

segregate (v. segregat;' n. segregit, -gat). v.,-gated, 
-gating, n. -v.t. 1. to separate or set apart from others 
or from the main body or group; isolate: to segregate 
exceptional children; to segregate hardened criminals. 
2. to require, often with force, the separation of (a 
specific racial, religious, or other group) from the 
general body of society. --vi.i. 3. to separate, 
withdraw, go apart; separate from the main body and 
collect in one place; become segregated. 4. to practice, 
require, or enforce segregation, esp. racial segregation. 
5. Genetics. (of allelic genes) to separate during 
meiosis. --n. 6. a segregated thing, person, or group. 
[ME segregat / L segregat(us) (ptp. of segregare to part 
from the flock), equiv. to se- se- + greg- (base of grex 
flock) + -atus -ate; see gregarious]. 

  

segregation, n. 1. the act or practice of segregating.   
2. the state or condition of being segregated: Segregation 
was most evident in the wealthier parts of the town. 
3. something segregated. 4. Genetics. the separation of 

  

 



  

  

    

allelic genes in different gametes during meiosis, resulting 
in the separation of their characters in the progeny. 
[/ LL segregation- (s. of segregatio), equiv. to 
segregat (us) (see segregate) +-ion- -ion] 

The American Heritage Dictionary of the English Language. 
William Norris, Editor. Published by American Heritage 
Publishing Co., Inc. & Houghton/Mifflin Co. 1969. 

discriminate: To make a clear distinction; distinguish; 
‘differentiate. 2. To act on the basis of prejudice. 
-tr. 1. to perceive the distinguishing features of; 
recognize as distinct. 2. To serve to mark; differentiate. 
Adj. Discriminating. [Latin discriminaire], to"divide, 
distinguish, from discrimen, distinction. 

  

discrimination: 1. The act of discriminating, 2. The ability 
or power to see or make fine distinctions; discernment. 
3. An act based on prejudice. 

  

segregate: -tr.1l. To separate or isolate from others or from 
a main body or group. 2. To impose the separation of (a 
race or class) from the rest of society. -intr. 1. To become 
separated from a main body or mass. 2. To practice a 
policy of racial segregation. 

  

segregation: n. 1. The act or process of segregating or the 
condition of being segregated. 2. The policy and practice 
of imposing the social separation of races, as in schools, 
housing and industry; especially, discriminatory practices 
against nonwhites in a predominantly white society. 
3. Genetics: The separation of paired alleles in meiosis. 

  

World Book Dictionary - A-K. Edited by Clarence L. Barnhart, 
Robert K. Barnhart. Published by Doubleday & Co., Inc. 1986. 

discriminate: 1. To see or note a difference between. 
2. To constitute a difference between; differentiate. 

adj. 1. having discrimination; making careful distinctions. 

Archaic: distinguish; distinct. 

  

discrimination: 1. The act of making or recognizing 
differences and distinctions. 2. The ability to discriminate 
accurately between things that are very much alike; good 
judgment. 3. Making a difference in favor of or against. 

  

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8b. 

4. Obsolete. 

World Book Dictionary - L-2Z. 

segregate: 1. to separate from others; set apart; isolate. 
2. to separate or keep apart (one racial group) from another 
or from the rest of society by maintaining separate schools, 
separate public facilities, etc. 
v.i. 1. to separate from the rest and collect in one place. 
2. Genetics: to undergo segregation. 

  

segregation: A separation from others; setting apart; 
isolation. 2. the separation of one racial group from 
another or from the rest of society, especially in schools, 
theaters, restaurants, and other public places and public 
places of meetings, especially social gatherings. 3. a thing 
separated or set apart, isolated part, group, etc. 

  

Webster's Third New International Dictionary. 
(Merriam-Webster). 1986. 

discriminate. adj. Archaic: having the difference marked: 
distinguished by certain tokens: distinct.- 2. marked by 
discrimination: carefully distinguishing. 

  

discriminate. [L discriminatus, past part of discriminare 
to divide, distinguish, fr. discrimin-, discrimen 
division, distinction, decision, fr. discernere to 
separate, distinguish between -- more at discern] 
vt la : to mark or perceive the distinguishing 
or peculiar features of: recognize as being different from 
others: distinguish between or among. b: to serve to 
distinguish: distinguish, differentiate. c: to make out; 
analyze, discern, demarcate. 2: to distinguish (as objects, 
ideas, or qualities) by discerning or exposing their 
differences; esp: to distinguish (one like object) from 
another by discerning or exposing the minute differences. 
vi la: to make a distinction: distinguish accurately. b: to 
use discernment or good judgment. 2: to make a difference 
in treatment or favor on a class or categoricel basis in 
disregard of individual merit. syn see distinguish. 

  

discrimination: n -s [LL discrimination-, discriminatio act 
of contrasting opposite thoughts, separation, distribution, 
fr. L discriminatus + -ion, -io, -ion] la: the act or an 

  

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instance of discriminating: as (1): the making or perceiving 
of a distinction or difference (2): recognition, perception, 
or identification esp. of differences: critical evaluation 
or judgment b: psychol: the process by which two stimuli 
differing. in some aspect are responded to differently: 
differentiation. 2 archaic: something that discriminates: a 
distinguishing mark. 3: the quality of being discriminating: 
the power of finely distinguishing (as in respect to 
quality): good or refined taste: discernment. 4: the act, 
practice, or an instance of discriminating categorically 
rather than individually: as a: the according of 
differential treatment to persons of an alien race or 
religion (as by formal or informal restrictions imposed 
in regard to housing, employment, or use of public 
community facilities) b: the act or practice on the part of 
a common carrier of discriminating (as in the imposition of 
tariffs) between persons, localities, or commodities in 
respect to substantially the same service. 

segregate. adj [ME, fr. L segregatus, past part, of 
segregare to segregate]: Segregated. 
  

segregate/"/ n -s 1: an individual or class of individuals 
differing in one or more genetic characters from the 
parental line usu. because of segregation of genes 2: a 
taxonomic unit separated out from another of the same rank. 

  

segregate. vb -ed/-ing/-s[L segregatus, past part, of 
segregare to set apart, segregate, fr. se-apart (fr. 
sed, se without) + greg-, grex flock, herd -more at 
idiot, gregarious] vt 1: to separate or set apart from 
others or from the general mass or main body :isolate. 
2: to cause or force the separation of (as races or social 
classes) from the rest of society or from a larger group. 
3: to remove nondrying components from (a fatty oil) by 
winterizing or other methods * vi 1: to separate or 
withdraw (as from others or from a main body) 2: to practice 
or enforce a policy of segregation. 3: to separate during 
meiosis - used esp. of allelic genes. 

  

segregation. n. -s often attrib [LL segregation-, 
segregatio,fr.L. segregatus (past part of segregare to 
segregate) + -ion-, -io -ion] 1 a: the act or process of 
segregating or the state of being segregated. b obs: 
Dispersion. 2: the separation or isolation of individuals 

  

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or groups from a larger group or from society: as a: the 
separation or isolation of a race, class, or ethnic 
group by enforced or voluntary residence in a restricted 
area, barriers to social intercourse, divided educational 
facilities or other discriminatory means. 
-- see Apartheid b: the separation for special treatment 
or observation of individuals or items from a larger 
group. c: the separate confinement of individuals or 
groups. 3: the tendency of individuals or units to 
separate from a larger group or society and associate 
together on a basis of similar characteristics. 4: a 
special cell or cellblock for the confinement of persons 
separated from the rest of the inmate population in an 
institution. 5: the separation of allelic genes that 
occurs typically during meiosis -- see Mendel's Law. 
6: a nonuniform distribution of particles or aggregate 
throughout a quantity of concrete, mortar, or plaster 
7: the concentration of alloying elements in specific 
parts of a metallic alloy. 

1. The Random House Dictionary of the English Language. 
Second Edition, Unabridged. 1987. 

discriminate: v.i. 1. To make a distinction in favor of ox 
against a person or thing on the basis of the group, class 
or category to which the person or thing belongs rather than 
according to actual merit; show partiality. 2. To note or 
observe a difference; distinguish accurately. 

  

v.t. To make or constitute a distinction in or between; 
differentiate. To note or distinguish as different. 

discrimination: n. 1. An act or instance of discriminating. 
2. Treatment or consideration of, or making a distinction 
in favor of or against, a person or thing based on the 
groups, class, or category to which that person or thing 
belongs rather than on individual merit. 3. The power of 
making fine distinctions; discriminating judgment. 

  

segregate: to separate or set apart from others or from the 
main body or group; isolate. 2. To require, often with 
force, the separation of (a specific racial, religious, or 
other group) from the general body of society. -v.i. 3. To 
separate, withdraw, or go apart; separate from the main body 
and collect in one place; become segregated. 4. to practice, 

  

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require, or enforce segregation, 

segregation: n. 1. The act or practice of segregating. 
The state or condition of being segregated. 
  

segregated. 

Bibliography prepared by: 

Laraine Z. Baker 
Paralegal Specialist 

1 Dee 

racial segregation. 

Something