A judge on Tuesday dismissed three of four complaints in a lawsuit by singer-actress Martha Raye, who claims Bette Midler ripped off her life story to make the film “For the Boys,” an attorney said.

Superior Court Judge Jerry Fields dismissed all but one cause of action — breach of contract — in Raye’s lawsuit and set a trial date of Dec. 6, said Mary Barnes, who represents Midler, 20th Century Fox and the movie’s producer and director.

Raye sued last July 31, claiming breach of contract, fraud and negligence. The lawsuit seeks $ 5 million.

The suit claims Raye offered to sell her life story to Midler several years ago for $ 1 million. Midler “expressed great interest in the project,” but no contract was signed, it said.

Raye’s attorney, Richard Ferko, wasn’t immediately available for comment, a secretary said.

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