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OCR: himself. The District Court's ruling in this action App 4-23 t A-31 to A-32) demonstrates the difficulty encoun- tered by prevailing defendan who seeks aT award fees under Section 505 since the fact that the plaintiff was able get to the jury was relied upar to support both the conclusion that the CaSP was not frivolous and the conclu- sion that was brought in good faith, ever where the defendants were forced to incur over million in attor ney fees to defend themselves, where the jury was able to decide the lack merit to the action in two hours and where there was history animosity between the par ties. Fogerty's predicament whent embarking upon new compositions must also be considered According to the district court he may be liable for infringement fa work even though he the author and b ...