Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth
holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review holding that an appellate court has discretion to consider an issue not argued by the parties