Rather gets go-ahead to sue CBS

Rather maintains the report he narrated was true

A judge has given former CBS News anchor Dan Rather the go-ahead to sue his former employer, but has dismissed parts of the legal action.

Judge Ira Gammerman allowed Rather's breach of contract case to proceed - but not parts that named three of the US TV network executives.

Rather quit in 2005 after voicing a report questioning President George W Bush's Vietnam-era military service.

He filed a $70m (£35m) lawsuit against CBS and his former bosses in September.

Rather, 75, claimed the they removed him from CBS Evening News and gave him lesser assignments after the controversy over the report.

'Scapegoat'

He said CBS made him a scapegoat for the broadcast to pacify powerful business and political interests, and is claiming breach of contract, saying he was not given enough airtime in his final year.

In his ruling, the New York state judge dismissed the claims against the individual defendants.

He said Viacom Chairman Sumner Redstone, CBS President Leslie Moonves and former CBS News President Andrew Heyward were acting within the scope of their employment.

But he allowed the claims of breach of contract and breach of fiduciary duty and said there were questions of fact to be decided at trial.

Rather narrated the September 2004 report that claimed Mr Bush had dodged duties during his National Guard service and received preferential treatment.

The broadcaster, one of America's most famous faces, maintains the story was true but an independent review for the network found the report was neither fair nor accurate.

Rather stepped down as anchorman in March 2005 before quitting CBS a year later after 44 years with the network.