NY judge lets part of Rather's CBS lawsuit proceed

NEW YORK (AP) 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.