Damian Dovarganes, Associated Press
Dan Rather is suing CBS Corp.

A judge in New York has allowed Dan Rather's $70 million breach of contract lawsuit against CBS Corp. and Viacom Inc. to go forward but has dismissed the portions that named three of the company's executives.

Judicial Hearing Officer Ira Gammerman struck down the parts of the suit that named Viacom Chairman Sumner Redstone, CBS President Leslie Moonves and former CBS News President Andrew Heyward.

Rather sued CBS and his former bosses last September, claiming they removed him from his "CBS Evening News" anchor post and gave him lesser assignments after controversy over a report about President Bush's Vietnam-era military service.

Rather, who was making $6 million a year at the time, complained that CBS banished him to pacify powerful business and political interests who were unhappy about the report.

In his ruling, Gammerman dismissed the claims against the individual defendants because, he said, they were acting within the scope of their employment.