NY judge lets part of Rather's CBS lawsuit proceed

Mon Sep 22, 2008 6:54 PM EDT
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A New York City judge says news anchor Dan Rather can proceed with his $70 million lawsuit accusing CBS of violating its contract with him when the network fired him.

Judicial Hearing Officer Ira Gammerman dismissed a fraud complaint against CBS Corp. on Monday and a business interference complaint against CBS and former parent company Viacom Inc. No causes of action remain in the lawsuit against Viacom.

CBS lawyer James Quinn says Rather can't prove breach of contract because the network assigned him to "60 Minutes II" as required and paid him what it owed him.

Rather lawyer Martin Gold says proving breach of contract will be "a slam dunk."

The judge also let Rather's breach of fiduciary duty complaint against CBS continue.

© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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