NEW YORK — A judge said Wednesday that he was leaning toward allowing Dan Rather's $70 million lawsuit over his being fired by CBS to proceed.

"I concluded there was enough in the complaint (by Rather) to continue with discovery (pretrial research)," state Judicial Hearing Officer Ira Gammerman said at a hearing on CBS' motion to dismiss the case.

The judge did not issue a final ruling on CBS' motion, but he suggested the parties try to agree on the scope of pretrial discovery _ just in case _ and told them to return to court Jan. 23 for a conference.

Rather, whose last months at CBS were clouded by a disputed story on President Bush's Vietnam-era military service, says his employers made him a "scapegoat" to placate the White House after questions arose about the story.

The lawsuit names CBS Corp., former CBS parent Viacom Inc., CBS President Leslie Moonves, Viacom Chairman Sumner Redstone and former CBS News President Andrew Heyward. It seeks $20 million in compensatory damages and $50 million in punitive damages.

Rather, 75, said after attending the hearing in Manhattan's state Supreme Court that he was pleased by the judge's statements.

"Allowing the case to go forward with discovery will put us on the road to finding out what really happened involving big corporations and powerful interests in Washington and their intrusions into newsrooms, which is the reason I'm here," Rather said. "That is the red, beating heart of this case."