Ira Gammerman, the New York Supreme Court judge hearing motions on the case, repeatedly urged the squabbling parties to resolve their conflicts over deposition and discovery so Rather's lawsuit against his former employer could go to trial. He ruled that Rather could depose Viacom Chairman Sumner Redstone, dismissing CBS’ objections.

"Let's get this case moving," Gammerman said.

But Tuesday, a state appellate court halted the $70-million suit in its tracks. In a unanimous decision, the appellate panel dismissed the case in its entirety, writing that Gammerman had erred in allowing Rather to pursue his allegations of breach of contract, breach of fiduciary duty and fraud.

Rather's attorneys immediately vowed to appeal. But the decision represented a severe blow to the 77-year-old newsman, who has been personally financing the suit for two years. Pursuing the case has estranged him from the news division where he worked for 44 years and led CBS executives to disparage him recently in strikingly personal terms.

Rather declined to comment.

Rather's suit stems from a controversial "60 Minutes II" piece he reported in 2004 alleging that former President George W. Bush received preferential treatment during his Vietnam-era service in the Texas Air National Guard. In the story, Rather cited do***ents CBS had obtained, purportedly written by Bush's commanding officer at the time. But after the validity of the do***ents came under intense scrutiny, the network conceded that they could not be authenticated.

Rather insisted that even if the do***ents were fabricated, the facts within were correct.

Rather said he was forced to apologize for the piece and dissuaded from further reporting on the topic because CBS was worried about the political repercussions for its then-parent company, Viacom. He said he was pushed out of the anchor chair, sidelined at the network and ultimately shown the door prematurely, actions that damaged his reputation and made it hard for him to find work after leaving CBS.

The heart of his suit is his allegation that CBS breached his contract by not providing him with the airtime or resources he was guaranteed in the story's aftermath. But the appellate court, which got the case after both CBS and Rather appealed various rulings, forcefully rejected that argument, citing the "pay or play" provision of the anchor's contract.

"This claim attempts to gloss over the fact that Rather continued to be compensated at his normal CBS salary of approximately $6 million a year until June 2006 when the compensation was accelerated upon termination, consistent with his contract," the court wrote. Rather's contract did not require "that CBS actually use Rather's services or broadcast any programs on which he appears, but simply retains the option of accelerating the payment of his compensation under the agreement if he is not assigned to either program."

http://www.youtube.com/watch?v=5HuNy...eature=related

 

Dan Rather was on the Chris Matthews Show Sunday, March 7, 2010 –

In an argument about the 2012 election, Rather was describing what he thinks Republicans will say, what independents will buy. So he’s speaking as Obama’s critics:

“Listen he (Obama) just hasn’t been, look at the health care bill. It was his number one priority. It took him forever to get it through and he had to compromise it to death.” And a version of, “Listen he’s a nice person, he’s very articulate,” this is what’s been used against him, “but he couldn’t sell watermelons if it, you gave him the state troopers to flag down the traffic.”

http://www.youtube.com/watch?v=2342gRGd-b0




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Kathie Couric, Dan Rather and overcoats ...



http://www.youtube.com/watch?v=3rA0_WdpNUU&feature=fvw http://www.youtube.com/watch?v=c5a7Q...eature=related



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