U.S. Army Captain Michael Kelvington, commander of the Battle company, 1-508 Parachute Infantry battalion, 4th Brigade Combat Team, 82nd Airborne Division, bows next to remains of Gulam Dostager, a member of Afghan Local Police who was killed in the blast of an Improvised Explosive Device (IED) during the joint Tor Janda (Black Flag in Pashtu) operation, in Zahri district of Kandahar province, southern Afghanistan May 25, 2012.  REUTERS/Shamil Zhumatov  (AFGHANISTAN - Tags: MILITARY CIVIL UNREST CONFLICT TPX IMAGES OF THE DAY)

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Members of the U.S. Navy Blue Angels fly over the World Trade Center in lower Manhattan as part of the 25th annual Fleet Week celebration in New York, May 23, 2012.  REUTERS/Eduardo Munoz (UNITED STATES - Tags: MILITARY ANNIVERSARY TPX IMAGES OF THE DAY)

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Fired radio host Imus plans to sue CBS

Radio talk-show host Don Imus talks to Rev. Al Sharpton (not pictured) during Sharpton's radio show in New York April 9, 2007. Imus is expected to file a $40 million lawsuit against CBS <CBS.N> next week, accusing it of breach of contract, the New York Times reported on its Web site on Friday. REUTERS/Chip East

Radio talk-show host Don Imus talks to Rev. Al Sharpton (not pictured) during Sharpton's radio show in New York April 9, 2007. Imus is expected to file a $40 million lawsuit against CBS <CBS.N> next week, accusing it of breach of contract, the New York Times reported on its Web site on Friday.

Credit: Reuters/Chip East

WASHINGTON | Fri May 4, 2007 8:35am EDT

WASHINGTON (Reuters) - Fired radio host Don Imus plans to sue CBS for breach of contract, saying the radio network approved the racially charged language that led to his removal, his lawyer said on Friday.

Attorney Martin Garbus told ABC's "Good Morning America" that CBS and MSNBC indicated their approval of Imus's remarks by failing to use delay buttons to prevent the comments from going on the air.

The former radio host called the Rutgers University women's basketball team "nappy headed hos" on his early morning show last month, stirring an uproar about the remarks that many people found racially offensive.

"He has said similar things before. So you can't say there was anything different, and the guys who were operating the delay button understood that," Garbus said.

"CBS basically approved the language," he added.

Imus is expected to file a $40 million breach-of-contract suit against CBS next week, the New York Times reported on Friday.

CBS could not immediately be reached for comment, but the Times quoted the network as saying: "We terminated Mr. Imus for cause. Based on the comments in question and relevant contract terms, we believe that the termination was appropriate."

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