Spinal Tap had to dial its lawsuit back a bit from 11, but the band of rockumentary fame did get the go-ahead on its $400 million contract complaint against Vivendi.

In a decision late on Thursday, US District Judge Dolly M. Gee said “This Is Spinal Tap’s” four co-creators “failed to adequately state a fraud claim.”

But she added that Christopher Guest, Michael McKean, Rob Reiner and Harry Shearer were “intended third-party beneficiaries of the 1982 agreement” for the rock comedy — and that was enough to let an amended complaint go forward.

Shearer, exulting in the decision, said Vivendi thought it could send him and his three co-stars packing.

Vivendi had no comment after Thursday’s ruling in Los Angeles federal court.

But Peter Haviland, counsel for “Spinal Tap’s” co-creators, called it an “important victory.”

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