Lower court asked to reconsider dismissal of lawsuit against CNN

SAN FRANCISCO - A lower court has been directed by an appeals court to reconsider its dismissal of a defamation suit filed against CNN by a source for a report alleging the U.S. military used nerve gas on Vietnam-era defectors. <br> <br> The 1998 report, which was later retracted, said the military used sarin gas on a Laotian village in 1970 as part of a secret mission - Operation Tailwind - to kill American defectors. <br> <br> Military experts disputed the report, and it became a major embarrassment for CNN and its corporate partner, Time magazine, which had published a corresponding story based on the investigation. <br> <br> CNN said Robert Van Buskirk was the ``primary source&#39;&#39; for the story, and gave inconsistent statements during interviews and took medication for a nervous disorder. <br> <br> In his suit, Van Buskirk maintained he was defamed, among other reasons, because CNN failed to say the medication wasn&#39;t mind-altering and that he had stopped taking it 10 years before the broadcasts. <br> <br> ``It would appear that CNN, in its zeal to shift all blame for its own failure to adequately investigate the Tailwind story, sought to portray Van Buskirk as unreliable by any means available,&#39;&#39; the federal appeals court said in its ruling Wednesday. <br> <br> ``They made him the scapegoat for its broadcast,&#39;&#39; said Van Buskirk&#39;s attorney, Elihu H. Berman. ``Some of the arguments have been turned aside by the appellate court, but nevertheless he has the green light to go back to court for defamation.&#39;&#39; <br> <br> Through a spokeswoman, CNN declined to comment. <br> <br> Van Buskirk&#39;s suit had also named Time magazine&#39;s publisher and Time Warner Inc. Allegations against them were tossed out by Wednesday&#39;s ruling. <br> <br> In its ruling, the 9th U.S. Circuit Court of Appeals agreed the report was consistent with what Van Buskirk told interviewers, and rejected his argument that he had been coerced into adopting CNN&#39;s version of events. <br> <br> The U.S. District Court for the Western District of North Carolina was directed to re-examine CNN&#39;s statements about Van Buskirk&#39;s medication.