RANDO v. STANDARD INSURANCE COMPANY,1999 U.S. App. LEXIS 9736 (10^th Cir. May 20, 1999) (Unpublished)-Plaintiff filed a claim for disability benefits in State court. Defendant removed the case to Federal court. Defendant moved to dismiss. Plaintiff and Defendant filed cross-motions for summary judgment. District Court granted Defendant's motion to dismiss for failure to exhaust administrative remedies. District Court denied the motions for summary judgment as moot. 

On appeal, Defendant argued that the Tenth Circuit should review the district court's ruling as a motion for summary judgment since the district court considered evidence outside the pleadings. Tenth Circuit affirmed the granting of summary judgment.