Howard Stern

Howard Stern Credit: Getty

A judge tossed out Howard Stern's $330 million lawsuit against Sirius XM Radio Tuesday, in which he accused the satellite radio company of not paying him stock awards for helping them grow.

The case centered on whether to count the increase in subscribers of the former XM Satellite Radio, which Sirius bought in 2008, to determine performance-based awards for Stern's company and his agent. Though the "Shock Jock" wanted to count the extra listeners, Supreme Court Justice Barbara Kapnick agreed with Sirius that it didn't have to.

On his radio show Tuesday, Stern said he planned to appeal the decision.

Stern moved his show to Sirius in 2006. Since then, the radio company jumped from 3.3 million subscribers to nearly 22 million at the end of 2011.

(with Reuters)

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