Jim Quinn, a lawyer representing CBS told The Observer‘s Felix Gillette, “We are obviously very happy. We thought this was the right decision all along.”

Rather’s lawyer Martin Gold says it’s not over for their side. “We are extremely disappointed with the Appellate Court’s decision,” Gold tells TVNewser. “We believe the decision is incorrect on a number of grounds and, accordingly, we intend to ask the New York Court of Appeals to review it.”

• Click here to read the decision from the Appellate court…

• Click continued to read the statement from CBS Corp…

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Judge Ira Gammerman ruled that Rather’s fraud charge can be restored and that his team can access documents Rather hopes will show CBS had tried to influence the outcome of a panel that investigated his “60 Minutes II” report about Pres. George W. Bush’s military service.

Jim Quinn, the lawyer representing CBS tells the NYTimes this is “a minor skirmish in a long battle” and predicted that the fraud charge would be dismissed again because “it’s frivolous.”

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“Rather has spent more than $2 million of his own money on the suit. And according to documents filed recently in court, he may be getting something for his money,” writes Steinberg.

Jim Quinn, a lawyer representing CBS, says the network has “gained the most ground” in the pre-trial discovery phase, and “Either on summary judgment or at trial, we feel very comfortable we’ll succeed.”

Steinberg’s article also takes a look at Rather’s involvement in the day-to-day handling of the case. “He has approached it with the zeal of a correspondent trying to report out a ’60 Minutes’ segment about himself, burying himself in deposition transcripts late into the night and providing his lawyers with road maps of leads he thinks they should pursue,” he writes.

As for the list of conservatives, TVNewser’s Gail Shister talked to some of the names mentioned last week, including MSNBC’s Tucker Carlson and CNN’s Lou Dobbs.

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The court ruled Wednesday that the depositions would go forward, with Heyward’s scheduled for the end of this month and Moonves’ expected in September.

The network’s chief counsel, Jim Quinn, tells TVNewser, “We’re looking forward to them testifying,” adding, “they will support our case that CBS did nothing wrong by Dan Rather. In fact, the opposite is true. They did everything right by him.”

Rather’s lawyer tells TVNewser, Viacom Chairman Sumner Redstone may also be deposed, but the court ruled the Heyward and Moonves depositions would be taken first, and that he would rule on CBS’s objection to Redstone testifying, later.

A status conference is set for October. The case could go to trial by November.

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