TRIMBLE, Chief Judge.
Plaintiff sues for commissions which she says she earned under contracts of agency for the sale of lands and timber lying within this district. While denying agency, or her participation in or procurement of the sales, the defendants have filed two motions, one for summary judgment and one for dismissal.
To sustain the motions for summary judgment they allege:
"It appears from the pleadings and stipulation of counsel that plaintiff...
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