Filmmaker Michael Moore yesterday (20FEB07) won the latest round of his court battle with the brother of TERRY NICHOLS, the Oklahoma City bombing conspirator. Nichols is appealing against a 2005 decision to throw out his lawsuit accusing Moore of libel and defaming him in 2002 documentary Bowling For Columbine. He also claims the film invaded his privacy and inflicted him with emotional distress. But a three-judge panel at the 6th US Circuit Court Of Appeals in Ohio has backed the decision made by a Michigan-based federal judge two years ago. At that time, Judge PAUL D. BORMAN ruled that Moore's statements about Nichols were "factual and substantially true". Nichols - who is serving two life sentences for his role in the 1995 bombing that killed 168 people - has to decide whether to take his case to the US Supreme Court.