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You won't find a big grin on Dan Rather's face today. Yesterday a judge threw out two of the four remaining claims that are part of the newsman's $70 million lawsuit against CBS, including the most serious allegation, that the network committed fraud for "falsely promising to help restore his reputation." Rather still plans to press ahead with the his less-serious charges of of breach of contract and breach of fiduciary duty. And the disappointing development didn't seem to put off his lawyer. He told reporters that the case is "still alive" and the breach-of-contract claim would be a "slam dunk." [NYP]