Adam B. Vary
September 21, 2009 AT 10:56 PM EDT

Former CBS Evening News anchor Dan Rather enjoyed a victory today when a New York judge rejected CBS’s attempt to dismiss Rather’s $70 million wrongful termination lawsuit against the network, reports Reuters. The judge also set a Dec. 22 hearing in the case, and ordered that witnesses be deposed, including Viacom chairman Sumner Redstone, who controlled CBS when Rather alleges he was unlawfully fired in the wake of a controversial Sept. 2004 report concerning former President George W. Bush’s military service during the Vietnam War.

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