A double-amputee Iraq-war vet is suing Michael Moore for $85 million, claiming the portly peacenik recycled an old interview and used it out of context to make him appear anti-war in "Fahrenheit 9/11."

Sgt. Peter Damon, 33, who strongly supports America's invasion of Iraq, said he never agreed to be in the 2004 movie, which trashes President Bush.

In the 2003 interview, which he did at Walter Reed Army Hospital for NBC News, he discussed only a new painkiller the military was using on wounded vets.

"They took the clip because it was a gut-wrenching scene," Damon said yesterday. "They sandwiched it in. [Moore] was using me as ammunition."

Damon seems to "voice complaint about the war effort" in the movie, according to the lawsuit.

But what the father of two from Middleborough, Mass., was really talking about was the "excruciating" pain he felt after he lost his arms when a Black Hawk helicopter exploded in front of him.

Damon wasn't expressing any opinion about the war, the suit charges, but rather extolling the drug.

"I just want everybody to know what kind of a guy Michael Moore is, and what kind of film this is," said Damon. He has appeared in two films attacking "Fahrenheit" -"Michael Moore Hates America" and "Fahrenhype 9/11."...

...Lawyer Dennis Lynch said he took the case last year and they held off filing the lawsuit in a bid to settle the matter.

"We attempted to resolve the situation amicably with Mr. Moore [for a year] but he refused," he said....