Stallone in royalty battle with Wepner

TRENTON, N.J., Sept. 29 (UPI) -- A New Jersey federal judge says former boxer Chuck Wepner can proceed with his suit against Sylvester Stallone regarding the original "Rocky" movie.

The 65-year-old ex-heavyweight, who is now a New Jersey liquor salesman, claims Stallone promised to pay him for using elements of his life story as the basis for the original "Rocky," E! Online reported Wednesday.

Stallone sought to get the case tossed out.

U.S. District Judge Katharine S. Hayden allowed one count of the suit to proceed, saying there was enough evidence to warrant trial on Wepner's assertion his name was inappropriately used by Stallone to promote the "Rocky" flicks, the report said.

But the judge dismissed two other claims by the ex-boxer.