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Thursday, 12 July, 2001, 14:30 GMT 15:30 UK
US 'Millionaire' contestant sues
Regis Philbin
The US version of the show is hosted by Regis Philbin
A former contestant on the US version of Who Wants to be a Millionaire? has sued the show's producers, claiming he was unfairly knocked out of the quiz.

Richard Rosner filed his legal action against ABC TV in the Los Angeles Superior Court on Wednesday.

He says he was told he had incorrectly answered the $16,000 question: "What capital city is located at the highest altitude above sea level?" but that the right answer was not listed in the four choices given.

Rosner's attorney Rene Tovar said his client wanted to be allowed back on the show to continue where he left off.

If he is not, he will seek at least $1m in damages, Tovar added.

ABC spokesman Eric Parham responded: "We have no comment yet as we have not yet seen the lawsuit."

The show's producers, Valleycrest Productions declined to comment.

Research

Rosner said that when he appeared on the hit quiz show he was asked by host Regis Philbin to choose between Mexico City, Quito, Bogota and Kathmandu.

After using his "phone a friend" option, Rosner said he picked Kathmandu.

But he was told by Philbin that the answer was Quito.

Yet, after doing some research after the show, Rosner said he "determined that not one of the answers forced upon him was the singularly or absolutely correct answer".

"Most sources recognise La Paz, Bolivia as having the highest altitude. I'm in the middle of researching this as well,'' Tovar added.

Rosner's legal action comes only a few days after a contestant on the Irish version of the show threatened similar legal action.

Shane O'Doherty from Dublin said he was considering suing after he lost IR£93,000 (£71,266) when he answered the question: "Where in the body is the lunula located - the heart, fingernail, eye or ear?"

After phoning a friend, O'Doherty chose "the heart". But quizmaster Gay Byrne told O'Doherty that the lunula is found in the fingernail.

O'Doherty said that he subsequently discovered that lunula appears in a number of medical books in reference to the heart.

O'Doherty has since been invited back on to the show to resume play where he left off, although the programme insists that it did not make a mistake.

O'Doherty has not yet decided whether to take up the offer or to continue with his legal action.

Who Wants to be a Millionaire? airs in a total of 66 countries.

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