Rather's lawsuit against CBS dismissed

Dan Rather's long legal fight with former employer CBS appears to be nearing its end.

A New York appeals court has dismissed the $70-million US breach-of-contract lawsuit related to his 60 Minutes story about President George W. Bush's National Guard service in the 1970s.

Judge James Catterson of the New York Supreme Court's appellate division said Rather had failed to support his primary claim that his future earnings were hurt by his departure from the network.

"Rather never identified a single opportunity with specified terms that was actually available to him and which he declined to accept because of CBS' actions," Catterson wrote in his ruling Tuesday.

The five-judge panel ruled unanimously that the complaint should be dismissed, saying CBS lived up to the contract by paying Rather his $6 million annual salary.

Rather was the anchor of the CBS Evening News for 24 years but he stepped down in 2005 after a segment he did for 60 Minutes report raised questions about Bush's military service record.

The story aired on Sept. 8, 2004, during the U.S. presidential election campaign and relied on documents allegedly written by one of Bush's National Guard commanders.

The story, which Rather presented on air, suggested that Bush had used his father's political connections to avoid fulfilling his service obligations and going to Vietnam.

After serious questions were raised about the documentation used in the story, CBS ousted a producer and two executives, though it called Rather's departure a "retirement."

Rather left CBS in June 2006, about five months before his contract was to expire. He was 74 years old and had been at the network since 1962.

He claimed in his lawsuit that he had been a scapegoat for the story.

Martin Gold, Rathers' lawyer, said he was disappointed by the decision.